Deviating From South Carolina Child Support Guidelines
South Carolina child support guidelines are designed to ensure children receive adequate financial support from both parents. The state uses an Income Shares Model that considers both parents’ incomes and expenses related to the child’s needs.
However, courts may deviate from these guidelines when strict application would be unjust or inappropriate based on specific factors. This blog explains what parents need to know about deviating from South Carolina child support guidelines.
What Are Child Support Guidelines in South Carolina?
The guidelines calculate child support based on the combined adjusted monthly income of both parents and the number of children involved. Child support payments are meant for the child, not the parent who receives them. Parents are expected to use child support to provide for a child’s needs, including shelter, clothing, food, medical care, education, and transportation.
The most recent update to South Carolina’s child support guidelines took effect in January 2024. Changes in the guidelines reflect higher income thresholds and increased support obligations to accommodate inflation and changing child-rearing costs.
What Factors Are Considered in the Child Support Guidelines?
When setting child support, the guidelines consider several factors, including:
- Health insurance costs for the children
- Childcare expenses related to a parent’s work
- Extraordinary medical expenses
- Custody arrangements
- The incomes of both parents
The court determines total child support by adding the basic child support obligation, health insurance premiums for the children, and work-related childcare costs. That amount is then divided between the parents based on their proportional share of adjusted gross income.
When Can Courts Deviate From Child Support Guidelines?
South Carolina law presumes that guideline-based support amounts are correct but allows courts to deviate when the strict application of guidelines would be unjust or inappropriate.
Common grounds for deviation include:
- Families with more than six children to support.
- Unreimbursed extraordinary medical or dental expenses related to the child.
- Costs of private or post-secondary educational expenses, such as college or trade schools.
- Travel expenses incurred for court-ordered visitation.
- Mandatory deductions from pay, including union dues, retirement, and pension deductions.
- Property division settlements impacting financial circumstances.
- Income earned by the child.
- Existing alimony arrangements between the parents.
- Monthly court-ordered fixed payments.
- Significant disparities between parents’ incomes or financial abilities.
Courts may also consider adjustments in cases involving joint, split, or 50-50 custody where both parents have responsibility for the child for a substantial time. The court carefully evaluates the circumstances and financial information to determine whether a deviation is warranted, ensuring fairness while protecting the child’s best interests.
Important Child Support Considerations for Clients in Rock Hill, SC
Parents seeking deviation from child support guidelines should gather comprehensive financial documentation.
Examples of documentation in a child support case include:
- Proof of income
- The custodial and time-sharing schedule
- Evidence of out-of-pocket medical expenses
- Receipts for work-related daycare expenses
- Proof of the portion of health insurance premiums that applies to the children
- Educational costs, including private tuition
- Proof of extraordinary circumstances
Deviations require court approval, typically following careful legal argument and the presentation of evidence. The party requesting the deviation has the burden of proving the deviation is justified.
Modifying a Child Support Obligation in South Carolina
Modifications to existing child support orders (including deviations) can be sought if there is a significant change in circumstances, consistent with updated guidelines from 2024. The parent seeking the modification petitions the court and has the burden of proving that a substantial change in circumstances has occurred.
Examples of a change in circumstances include:
- A child wishes to live with the other parent
- Involuntary unemployment
- A significant change in income
- Winning the lottery
- Retirement or a change in retirement income
- The emancipation of a child
- Relocation of the child or parent
- A change in mental health
- Remarriage
- Allegations of neglect or child abuse
- Changes in a child’s needs or circumstances
- A substantial change in the financial needs of either parent
Judges consider modifications of child support on a case-by-case basis. As with other child custody decisions, the court bases its decisions on the best interests of the child.
It is important to know that courts do not issue retroactive modifications of child support. Therefore, if your circumstances change, you should speak with an attorney as soon as possible.
Contact the Rock Hill Child Support Attorney at Minor Law Divorce Lawyers for Help Today
Given the complex calculations and legal standards for child support in South Carolina, clients are advised to seek legal assistance to navigate potential deviations effectively and protect parental and child interests. Contact Minor Law Divorce Lawyers for a confidential consultation with a Rock Hill child support lawyer.
To learn more and get the help you deserve, please contact a family law lawyer in Rock Hill, SC or contact us online today.
We proudly serve throughout York County.
Visit our Law Office in Rock Hill, SC
1273 Ebenezer Rd, Suite B,
Rock Hill, SC 29732
(803) 504-0971
