Determining Child Support

One of the most difficult aspects of going through a divorce is determining child custody and support. While either parent may request child support in South Carolina, both parents are responsible for the child’s needs and wellbeing.

The court can rule that both parents, or grandparents when the parents are juveniles, must contribute payments, though generally the non-custodial parent is responsible for paying child support to the custodial parent. The custodial parent, or parent who spends the majority of the time with the child, is typically believed to spend money directly on the child’s care. When estimating possible payments, review South Carolina’s Child Support Obligation Worksheets for an idea of what you may be held liable for in child support.

How Child Support is Determined

When it comes to determining child support payments, the court looks at your both parents’ gross income, which may include:

• Salary
• Wages
• Bonuses
• Commissions
• Pension
• Severance Pay
• Rents
• Dividends
• Trust
• Social Security
• Worker’s Compensation
• Unemployment
• Veteran’s Benefits (not veteran’s disability payments).

The custodial parent, or parent who provides the majority of care, are assumed to pay costs directly in the daily care of the child. Some benefits that are not included in gross income are Temporary Assistance to Needy Families (TANF), Supplemental Security Income (SSI), and food stamps. Also any income earned from other individuals in the household is not included in gross income. Other factors that affect a child support calculation include health insurance premiums for the minor child, day care expense for the child, and whether or not one of the parents pays support for other children or has legal custody of other children.

When Child Support is Modified

Sometimes, in situations where the initial child support determination is seen as either unfair to a parent, or inadequate to provide for the child, a parent can challenge the amount. Some examples of scenarios that the court may consider when adjusting payments include:

• Education costs for child or parent
• Division of property during the divorce
• Debt
• Six or more children to support
• Lack of reimbursement for significant medical and dental costs
• Required deductions for retirement or union costs
• Care expenses for other dependents
• The custodial parent makes significantly more income
• Alimony payments
• Compromise by both parents for the child’s welfare.

Anticipate when requesting a deduction in child support payments that you will have to provide reasoning, such as significant life changes including job loss, disability, child turns 18 and graduates high school, etc.

Are you struggling with a child support judgment that you believe is unfair, or is insufficient to help care for your children? Contact the experienced child support attorneys at Barth, Ballenger and Lewis to help you get the child support modification you need. Call us today to schedule your appointment.