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Last Modified on Sep 04, 2025
What is child support?
In South Carolina, parents have a legal obligation to financially support their children until they are 18 years of age or graduate from high school, whichever 2 is later. Child support comes about when children are either born out of wedlock or their parents divorce prior to reaching the age of majority.
Who determines whether or not there will be child support?
In South Carolina, child support will either be awarded by the Family Court or agreed to by the parties in the form of a written agreement. If the parties agree to child support via written agreement, that agreement is presented to a Family Court judge, who will then approve the agreement and incorporate it into a court order. Failure to pay court-ordered child support can be considered contempt of court, which can result in sanctions and imprisonment.
What are the factors that determine child support?
The South Carolina Department of Social Services created a Child Support Calculator, referred to as the Child Support Guidelines, which provides a formula for calculating what child support should be in every Family Court case. The guidelines that the courts use are based on the following factors:
- Prior support obligation
- The number of children being supported
- How many overnights the visiting parent may have (shared custody)
- The income (or earning capacities) of both parents
- Whether alimony is paid by one spouse to another
- The percentage of the combined income each parent has
- The number of other children each parent has living in their own home
- The work-related daycare expenses either party has for the children
- The health insurance expenses either party has for the child or children
Can the Family Court deviate from the Child Support Guidelines?
In certain circumstances, the South Carolina Family Court can deviate from the Child Support Guidelines and issue a different amount of child support. This is an exception and not the norm, and is based upon the following factors:
- The educational expenses for the children or spouse, including private, parochial, or trade schools, other secondary schools, or higher education
- The equitable distribution of property
- The parties’ consumer debts
- Whether the family has more than six children
- Unreimbursed extraordinary medical expenses for either parent
- Unreimbursed extraordinary medical expenses for the children
- Mandatory deduction of retirement pensions and union fees
- Support obligations for other dependent children living with the noncustodial parent
- Monthly fixed payments imposed by a court or operation of law
- Whether the child has significant income
- Whether the noncustodial parent’s income is significantly less than the custodial parent’s income, making it financially impracticable to pay what the Guidelines require
- Whether a parent pays alimony
- Non-court-ordered child support from another relationship
What happens if I don’t pay child support?
There are serious financial and legal consequences if you fail to pay child support. They are as follows:
- A finding of contempt of court
- Fines, jail, or both
- Garnishment of wages, including unemployment and workers’ compensation (this includes a 5% administrative fee for wage withholding)
- Exclusion from receipt of certain government benefits
- Effect on Military Standing
If you are awarded child support, can it be terminated or modified?
In South Carolina, the Family Court has the authority to modify child support at any time, provided that a parent proves that there has been “a substantial change in circumstances” or “a substantial change in the financial ability of either party.” There are three factors the family court considers in deciding whether there has been a change in circumstances:
- Changes in the parents’ finances
- Remarriage that results in the termination of alimony
- Changes in the child’s needs
Do I need a Myrtle Beach attorney if I want to obtain child support in SC?
The South Carolina Family Court process can be very grueling and very intimidating. Cases involving child support can require a mountain of legal paperwork, complex financial documentation and very specific legal arguments. A typical South Carolina Family Court case involving child support may have to go through these specific hurdles:
- Pleading: this is the legal term for filing a Summons and Complaint outlining the reasons why child support should be granted.
- Temporary Hearing: This is a hearing where the Family Court judge determines what will happen while the litigation is pending. There is typically no live testimony at these hearings. Instead, you submit affidavits, a financial declaration, and any exhibits that you believe will assist your case.
- Discovery: once a temporary hearing ends, the process of discovery begins. This is the fact-finding process of litigation. This is where you can subpoena documents, depose witnesses, and demand financial and personal information from the other party that has previously been unavailable. This is a very labor-intensive process and requires expertise.
- Mediation: South Carolina courts now require all contested divorce cases to go to mediation before a Final Hearing. A Family Court mediator is a neutral third-party who is also a licensed attorney and certified Family Court mediator. This mediator attempts to help the parties settle the case prior to having a Final Hearing. These mediations are often times very long and very stressful, so having a skilled negotiator is crucial to your success.
- Final Hearing: This is a trial before a South Carolina Family Court judge, which occurs if the case cannot be settled. Final Hearings can take days to argue and require extensive knowledge of courtroom procedures, how to enter evidence into the record, how to conduct a direct examination of a witness, and how to cross-examine a witness. Having a skilled and knowledgeable attorney representing in this environment is vital to obtaining a favorable outcome.
