When parents of underage children go through a divorce in South Carolina, child support will be an issue that must be resolved. Typically, one parent will receive custody of the child, and the non-custodial parent will be responsible for providing this support.
An attorney will ensure that both you and your children receive fair treatment in whatever support arrangement is reached. A lawyer may also assist in enforcing the payment of child support or in seeking a modification of those payments.
How Child Support is Determined in South Carolina
Even if you reach an agreement with the other parent about child support payments, the agreement will still need a Family Court judge’s approval. For this reason, you should structure an agreement that is based on the same factors that a judge would examine.
Some factors include the gross income of each parent, the number of children to be supported, the custodial arrangement, the amount of premiums for health insurance for the child or children and the amount of daycare.
A judge also has the discretion to deviate from the amount determined by the guidelines and order more or less support based on a variety of factors.
Your Lawyer’s Role in Your South Carolina Child Support Case
At KD Trial Lawyers, we will thoroughly review your case and help you to determine the proper amount of child support that your child should receive. In particular, we will focus on whether the other parent is honestly and accurately representing your child’s needs or his or her ability to provide support for the child.
Our attorneys may also assist with:
- Enforcing child support payments – If the parent charged with providing child support fails to live up to his or her obligations, we may assist you by filing a contempt action with the court.
Modifying child support payments – If circumstances change – your child’s financial needs have grown, for instance, or your ability to make payments has greatly diminished – you may seek a modification of the payments. It will be important to present solid justification for this change when seeking approval from a Family Court judge. The person seeking the change must show a substantial material change of circumstances.