When you have a child that is involved in a family court matter it is likely that child support is going to addressed. In South Carolina parents are required to financially support their children. In many cases this is a noncustodial parent paying support to the parent who has custody of the child. This support is intended to cover the following:
- Food at home;
- Food away from home;
- Shelter;
- Utilities;
- Household good;
- Clothing;
- Transportation;
- Ordinary health care; and
- Recreation
How Child Support is Calculated
In most cases, the amount of child support that a parent will pay will be based upon the South Carolina Child Support Guidelines. The factors that are considered in a child support determination are the following:
- The gross income of each parent;
- The income from self-employment or operation of a business;
- The potential income if the Court believes a parent is intentionally under-employed;
- Court-ordered alimony;
- Other court-ordered payment including alimony and/or child support from another case;
- The number of children in the home;
- Health insurance costs for the children; and
- Childcare costs
What If You Are Not Getting Visitation
The obligation to pay child support and the right to have visitation with a child are two separate issues. If a parent is withholding visitation, child support should not be withheld as well. Likewise, if a parent is not paying child support, that does not mean that visitation can be suspended.
If a parent is interfering with your visitation or any other rights, the proper remedy is to file an action with the Family Court and ask for the Court to assist you. Otherwise, if you stop paying court-ordered child support, the Court may hold you in contempt and impose a penalty that could include community service, a fine of up to $1,500, a prison sentence of up to one year, or any combination of these things.
Questions About Child Support
Issues that involve child custody, visitation and child support can be very stressful for parents. Given the importance of these issues, it is important to seek the guidance of an experienced attorney on this topic. Our firm has years of experience representing clients in family court. Please contact Seth Johnson at (864) 660-0465 or www.spartanlaw.com if we may assist you.