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Child support is financial support given to the custodial parent by the non-custodial parent. The custodial parent is the parent who has physical custody of the child for the majority of the time.
Once child custody has been decided, it is critical that your attorney accurately calculate the amount of child support that must be paid by you or your spouse, keeping in mind that, if you agree to pay an amount that is not realistic or reasonable, you could be brought back into court for child support enforcement proceedings and you could even go to jail for non-payment of your child support obligations…
So, how do we calculate child support in SC? And, how do you collect child support if your spouse is not paying it?
Child support is determined by the South Carolina Child Support Guidelines. However, the court may deviate from the guidelines when considering other factors such as:
When determining child support, the South Carolina Child Support Guidelines will usually determine the exact amount of child support owed, but it is not always conclusive. Each case is unique, and the court determines child support on a case by case basis.
Remember that, even if you and your spouse agree on a child support amount, it must be approved by the family court.
There are two ways that you can enforce child support in SC:
The Family Court can order the former spouse to pay their child support obligation and may punish them for failure to pay with fines or jail time for contempt of court.
The court has other options for enforcing your former spouse’s child support obligations including:
Your family law attorney at Axelrod and Associates can help to guide you through the often-complex process of enforcing your former spouse’s child support obligations.
If your former spouse is not making court ordered child support payments, or if you need a modification of child support payments based on a change in circumstances, call your domestic law attorney at Axelrod and Associates today at 843-916-9300 or complete our contact form to set up an initial consultation.
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