Child Support

Mothers and fathers are required to reasonably support their children.  Reasonable support is defined as the financial assistance a person is reasonably capable of providing to allow a standard of living for the child substantially equal to that of the person owing the duty to support.  S.C. Code Ann. § 20-7-90 (1976).  Child support will usually be considered before a Final Order in divorce cases.  The amount of child support depends upon the parent’s income and assets and their ability to pay child support.  The Family Court is required, to issue a temporary child support order, upon motion by either party, pending an administrative or judicial determination of paternity.  S.C. Code Ann. § 20-7-92 (Supp).

A parent who is obligated to pay child support can be held in contempt of court for not paying the required amount in a timely manner.  Additionally, the Family Court may order wage garnishment (income withholding) or record a lien against property as methods to enforce a support obligation.

The Department of Social Services can help anyone find a parent who is not paying child support by accessing the Federal Parent Locator Service maintained by the Federal Office of Child Support.

The South Carolina Child Support Guidelines govern child support.  The Child Support Guidelines provide for expenditures for food at home and away, shelter, utilities, household goods (for example, furniture), clothing, transportation (other than visitation related), ordinary health care and recreation.  The guidelines leave it to the court’s discretion to determine whether extraordinary medical expenses are reasonable and necessary.

The Child Support Enforcement Division of the Department of Social Services is a state program charged with establishing paternity and enforcing Child Support Orders for individuals receiving its services.  The Family Court and the Child Support Division of the Department of Social Services have concurrent jurisdiction over child support cases.  S.C. Code Ann. § 20-7-420 (1976).

A family court is authorized to order a parent to pay child support retroactively.  Once past child support accrues, the past due amount cannot be reduced or retroactively modified.  S.C. Code Ann. § 20-7-933(I) (Supp).  A family court can modify child support awards as circumstances warrant, but usually only upon a showing of sufficient changed circumstances.

The support obligation normally terminates when the child reaches eighteen (18) years of age, unless the child is emancipated.  Unless the parents agree to continue providing support or special circumstances justify continuing support, such as the child has a disability or is still in high school or attending college.  For child support to be awarded where children are over the age of eighteen (18) years for college expenses, the Family Court may require evidence that: (1) the characteristics of the child indicate he/she will benefit from college, (2) the child demonstrates the ability to make satisfactory grades, (3) the child cannot otherwise attend school, and (4) the parent has the financial means to help pay for college education.

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