Collecting and calculating child support payments can seem complicated, but there are many resources available to assist parents, both custodial and non-custodial. In South Carolina, the responsibility of paying child support belongs to the non-custodial parent, known as the obligor. Payments are facilitated through the Department of Social Services' Child Support Enforcement Division, otherwise known as CSED.
South Carolina Child Support
You can contact The Child Support Enforcement Division for assistance with all child support related matters, but CSED does not deal with child custody. They can help you with all matters related to the following.
How CSED Can Help You
Child support in South Carolina is calculated based on state guidelines. The basic support obligation is based on the total income of both parties. For example, for a couple with two children and a combined income of $5,000/month, the basic child support obligation will be $1151/month.
As combined income rises, the basic child support obligation is typically a lower percentage of total income. In the example above, parents with $5,000 in combined income are expected to devote about 23% of their income to supporting two children. On the other hand, a divorcing couple with two children and combined income of $15,000/month has a base child support obligation of $1,873, or about 12.5% of total income. At a combined income of about $26,000/month, it drops below 10%.
But, that doesn’t mean that’s what either parent pays. The child support calculation also takes into account expenses such as medical insurance and child care, and the child support obligation is apportioned between the parents based on the percentage of total income they have. The amount of parenting time each parent has with the child is also considered.
The actual calculation can be complicated, given the many variables included and the way different expenses are treated. Your divorce lawyer can walk you through the calculation and–because child support obligations are nearly always determined based on the guidelines–give you a very good idea of what you can expect to receive or pay in child support.
Occasionally, a South Carolina court will deviate from the child support guidelines. When this happens, the judge must enter written findings explaining the reason or reasons for the deviation.
Some factors that may lead a court to deviate from the guidelines include:
The parents may also agree to deviate from the child support guidelines. However, it is ultimately up to the court to determine whether the agreed amount is reasonable and in the best interests of the child or children. If the judge determines that the agreement is not in the best interests of the children, the court can reject the agreement and either enter an order for child support based on the guidelines or based on other factors that support deviation from the guidelines.
Please click on the below link to get an estimate on how much you may be ordered in your case: https://dss.sc.gov/child-support/calculator/
Establishing Paternity
You must establish paternity to receive child support. Similarly, a child support order cannot be given unless paternity is proven, or the non-custodial parent's name is on the child birth certificate. CSED can help families obtain the necessary genetic tests.
Assistance in Locating the Other Parent
CSED can help you find the non-custodial parent if they stop paying child support. They can also help in the case that the custodial parent if takes the child and tries to hide from the obligor.
Establishing an Order of Child Support
A child support order typically needs to be established to receive payments. CSED can help set this up and can assist you in making modifications to an existing child support order. Modifications can be made if either parent's financial circumstances have changed significantly, or if state guidelines have changed.
Enforcing an Order of Child Support
CSED can help you act if the obligor fails to make their payments over a period of time. The consequences for not making child support payments can be severe – ranging from wage withholding to the revocation of the obligor's driver’s license. If the obligor loses their job and fails to establish new employment or contact unemployment services, CSED can issue a formal order for the obligor to seek job assistance. CSED can help you take action if the obligor fails to make their payments over a period of time. The consequences for not making child support payments can be severe – ranging from wage withholding to the revocation of the obligor's drivers license. If the obligor loses their job and fails to establish new employment or contact unemployment services, CSED can issue a formal order for the obligor to seek job assistance.
