Lexington Child Support Attorney
Determining Child Support in South Carolina
Child Custody, whether by itself or as part of a Divorce, can be incredibly difficult for everyone involved. Child Support is a financial support to the non-custodial parent. This system is calculated in South Carolina By means of a state statue under the Department of Social Services Child Support Guidelines. The gross monthly income of both parties is calculated together by using a mathematical formula to reach the appropriate child support number. Retaining a Lexington, South Carolina divorce attorney can help assist you in reaching the right calculation for your child support, as well as determining which parties would be the best party to have custody and receive child support. Visit The Farley Law Firm, LLC at your earliest convenience for an initial consultation, to learn more about how I can be of assistance on this vital matter.
Factors in Setting Child Support
The Judges in South Carolina Family Courts can consider W-2's, 1099's, Financial Declarations, and Bank account records. The gross monthly income minus any day care expenses, health care costs, insurance costs, and extraordinary expenses. The judge will weigh all relevant factors, such as whether one parent has Joint custody , sole child custody or Shared Custody, with a major factor being how much time the non-custodial parent spends with the minor child. Usually if a non-custodial parent spends more than 110 overnights with the child the support can be greatly reduced. As your attorney, I will advocate strongly on your behalf in negotiations and in court, and advise you of the advantages of custody, or working out the best visitation schedule for you and you children.
Change of Circumstances to Modify Child Support, Custody or Visitation
The terms of child support will be determined by the court during a Temporary Hearing. This does not mean that a change cannot happen during the final hearing on a recalculation of Child Support. The standard in South Carolina is that a "change of circumstances" must be shown to the court for a modification to the child support figure. Some individuals may believe their terms are not satisfactory and they take the matter into their own hands by not paying a portion or all of the amount owed. This can lead to the Clerk of Court issuing a Rule To Show Cause which will have the debtor arrested and brought before the Judge to Show Cause why he has not paid. This can result in more jail time and further financial burden as an amount will be added for the arrearage of Child Support owed. A petition for modification should be filed with the court so that the Court may consider the change in circumstances so that the amount can be reduced or increased, depending on which party is filing the petition. This will need to be based off sufficient Change of Circumstances, such as:
- The loss of a job, or income stream
- Health issues with the person who owes Child Support
- An increase in the living expenses of the child
If the court believes the burden has been met for a change, they can grant modification.