SC Child Support Lawyers in Myrtle Beach
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?
How is Child Support Calculated in SC?
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:
- Educational expenses for the child (or custodial parent/spouse);
- Consumer debts;
- A parent with more than 6 children;
- Mandatory retirement deductions for either parent;
- Other agreements between the parents;
- Substantial disparity of income between the parents;
- Medical expenses for the child and/or custodial parent; and
- Equitable distribution.
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.
How do I Collect Child Support in SC?
There are two ways that you can enforce child support in SC:
- You can get your family law attorney to file a child support enforcement action, or a Rule to Show Cause, asking the court to enforce the child support order; or
- The South Carolina Division of Child Support Services can assist you with the child support enforcement.
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:
- Seizure of assets including bank accounts;
- Garnishment of wages or unemployment benefits;
- Seizure of tax returns;
- Revocation of driver’s license or passport; and
- Negative reports to credit agencies.
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 843-353-3449 or complete our contact form to set up an initial consultation.