Child Support Lawyers in Spartanburg

In any divorce or parentage case, child support is one of the most important issues that needs to be worked out. There needs to be legal assurance that the children will be provided for, but the support arrangement must also be fair and reasonable for both the paying and the receiving parent. The goal is to help ensure that the child(ren) are able to maintain at or near the same standard of living as they did when the couple was together.

In South Carolina, either parent can request child support, but both parents are obligated to contribute toward that support. It is generally assumed that the custodial parent’s income is going toward maintaining the household where the child is living, so the noncustodial parent will typically be the one that pays support.

The amount of support that is paid is determined based on the combined gross income of each parent as well as a number of other factors, and these factors are subjective and open to interpretation by the courts. This is why it is always advisable to have an experienced family law attorney in your corner advocating strongly for your rights and interests, and the best interests of your child(ren).

At the Nowell Law Firm, we have extensive experience helping South Carolina clients with child support and other family legal matters. We understand the importance of having a fair and equitable support arrangement, and we work closely with our clients to help ensure that their children are taken care of and that their interests are fully protected.

How is Child Support Determined in South Carolina?

Monthly child support is calculated in South Carolina based on state guidelines. These guidelines take into account the combined gross incomes of each parent, the number of children that need support, the amount of time each parent spends with the child(ren), and any other relevant factors.

For example, if Parent A earns 75% of the income and Parent B earns 25% and the child is living with Parent B, then Parent A would pay 75% of the total child support obligation to Parent B. This scenario would assume that one parent has sole physical custody of the child and the noncustodial parent has a typical visitation schedule – let’s say visits with the child every other weekend, maybe a visit for one evening during the week, and alternating holidays.

With less typical child custody arrangements, child support payments may need to be altered. For example, a couple might end up with shared custody of the child, which means the child spends at least 110 overnights with each parent every year.

In this scenario, even though the parents may not have exactly the same number of overnights with the child, the parent with fewer days is still spending significantly more time with the child than in a typical visitation arrangement. For this reason, it would be assumed that this parent is spending more of his/her income on the child’s daily expenses.

There are several other factors that a court may take into account when determining child support, which may include:

• The child’s health insurance premiums.
• The custodial parent’s work-related daycare costs.
• The child’s educational expenses.
• The child’s unreimbursed extraordinary medical and dental expenses.
• Any significant unearned income the child receives.
• Any significant unearned income the custodial parent receives.
• Whether or not there are more than six children to support.
• If the custodial parent earns significantly more income than the noncustodial parent.
• Whether or not there is alimony being awarded.
• Any other factors that the court deems relevant.

A court may accept an agreement between the parents that deviates from child support guidelines if both parents have legal representation and if the court determines that the agreement is fair and reasonable and in keeping with the child’s best interests.

South Carolina Child Support Modifications and Enforcement

The child support arrangement that is made when the parents split up is based on the circumstances at that time. But as we know, circumstances in life change over time, and sometimes these changes make it necessary to revisit the original child support decree.

Some reasons that a child support order could be modified include:

• A substantial increase or decrease in either parents’ income.
• A substantial increase in the child’s medical or educational expenses.
• The noncustodial parent develops a debilitating health condition.
• Changes in the family makeup (e.g., the noncustodial parent has another child they need to support).
• Other significant financial changes.

The child support order is legally binding, and there are harsh consequences for failing to fulfill your support obligation. For this reason, it is extremely important to obtain court approval if a support modification is needed.

Do not just rely on a verbal agreement between you and the other parent. Although they might agree to altering the payments at the time, you will have no legal protection if they come back later for back child support that they claim you owe. Which brings us to our next subject – child support enforcement.

There are times when a parent does not fulfill their obligation to pay child support. You should always try to give the other parent a reasonable amount of time to pay, but if they are consistently failing to make their support payments, then you might have no other option but to legally enforce the support order. This is done by requesting assistance from the South Carolina’s Division of Child Support Services (DCSS) or filing a court action to compel the other parent to pay.

The DCSS and the courts have a number of ways they can collect back child support and help ensure that future payments are made:

• Garnishing the wages of the noncustodial parent.
• Garnishing other sources of monthly income that the parent has, such as unemployment, workers’ comp, or Social Security disability.
• Seizing the noncustodial parent’s bank or stock account.
• Seizing or intercepting federal or state tax refunds.
• Restricting or revoking a professional license.
• Restricting or revoking a drivers’ license or passport.

A parent who has violated a child support order may also be found by the judge to be in “contempt of court”. This is a criminal offense which is punishable by fines of up to $1,500 and up to one year in county jail.

Contact Our Knowledgeable and Compassionate South Carolina Child Support Lawyers Today

Child support is a critical issue for parents that are splitting up, and it is very important to make sure that the appropriate amount of support is paid. Whether you are the custodial or noncustodial parent, the Nowell Law Firm is ready to help. Message us online or call our Spartanburg, SC office at (864) 469-2481 for an initial consultation.