When a parent has to pay child support in South Carolina, just as in other states, they likely want to discontinue or drop those payments as soon as they can. Even though a parent may presume that their child support payments will terminate automatically when certain things occur, that, however, is not always true.
A parent’s obligation to make child support payments may end when their child:
- Gets married
- Passes away
- Reaches the age of majority
- Leaves for undergraduate studies
Parents should know that there are some situations in which their child support payments will have to continue even after their child reaches the age of majority, for example, if they are disabled. In South Carolina, children are legally entitled to receive child support until they reach the age of majority, which is 18 in the state.
Under certain conditions, children may be emancipated before they reach the age of 18, such as if they:
- Are in the military
- Become self-supporting
- Get married
In some situations, children can be considered emancipated in other situations as well, such as if they:
- Are older than a certain age
- Do not obey the reasonable commands of their parents
- Leave their parents’ home
When a child becomes emancipated, they can manage their own affairs and are self-supporting. If this occurs, the parent who is making child support payments may be able to stop.
If a child’s parent believes their situation may meet the requirements for stopping child support in South Carolina, they should consult with a local attorney in South Carolina for assistance. Paying parents should note that they should not stop making their required payments until there is a court order that states they are not required to make the payments anymore.
If the paying parent stops making their required payments before an order is issued, they can face various legal consequences.
When Is Child Support Ordered?
When a child’s parents in South Carolina divorce or separate, a court may order one of the parents to fulfill their legal obligations to the child by making child support payments. These payments are typically made to the custodial parent on a monthly basis.
Child support payments are meant to benefit the child and are not intended to support the receiving parent. The payments are supposed to help the custodial parent provide for the child’s food, housing, clothing, and other basic needs.
It is important for parents to know that every state can have its own unique formulas or guidelines for calculating child support. In most states, the calculation of the child support payment amount will be based on the gross income of both of the parents.
In certain situations, retroactive child support may apply when the parent required to make payments has failed to do so in the past. If a paying parent thinks they have a valid reason to stop their payments, they should consult with an attorney who can file a petition on their behalf.
A court will review the evidence presented and issue an order that is based on the best interests of the child. This order will outline whether or not the child support payments should be modified, continue as ordered, or stop.
How Is a Child Support Award Enforced?
When courts issue child support orders, they are legally binding on both of the child’s parents. This means that these orders are enforceable in a court of law.
If the parent who is ordered to make payments fails to do so, the parent who is supposed to receive payments can reach out to a family law attorney for assistance with enforcing their child support order. When the parent who is supposed to make payments still fails to do so, they may face various legal consequences, such as:
- Seizure of property
- Imprisonment
- Suspension of a business license
Child support orders can be enforced in different states if the paying parent moves outside of the receiving parent’s state. The Uniform Interstate Family Support Act (UIFSA) gives parties who are attempting to enforce a child support order in a different state with options.
How Can I Avoid a Child Support Increase?
The amount of child support that a parent has to pay may increase if there is a material change in circumstances. If a qualifying material change occurs, the paying or receiving parent may request that the child support order be modified based on the change.
Circumstances that may qualify as a material change include things such as:
- Custody or visitation changes
- Changes in income
- Family size changes
- Deployment or incarceration
- Unexpected needs or medical emergencies
Courts can modify or change their current child support order so that it reflects the material change in circumstances. A paying parent should make sure they have legal representation to ensure that the amount of their payments is not unfairly increased.
When a court is reviewing a child support modification request, the court will use the child’s best interests standard to determine the proper amount for the child support payments. In these situations, the court will examine numerous factors, including:
- Mental state
- Religious or cultural preferences
- The child’s well-being
- Their physical state
How Can I Stop Paying Child Support?
There are certain requirements that must be met for an individual to stop paying child support. It is important to be aware that the parties cannot agree amongst themselves to stop or waive payments.
The parent who makes child support payments will have to show there was a material change in circumstances. If the parent ordered to make payments obtains primary custody of a child, they may petition the court to terminate their child support payments. There can also be other reasons to close a child support case, including those discussed above.
Do Child Support Payments End Automatically?
Child support payments do not usually automatically end. The parent ordered to make payments should consult with a South Carolina lawyer for information on how to stop child support in their specific situation.
How to Get Child Support Arrears Dismissed
Arrears in child support cases are amounts of money that paying parents owe that are overdue or unpaid. A parent who is supposed to receive child support payments may obtain assistance from law enforcement or governmental agencies to collect the child support amount they are owed.
All states have their own law enforcement departments or government agencies that enforce child support orders as well as assist receiving parents to collect their past-due amounts. Lawyers can also help a paying parent submit a motion to dismiss child support arrears and help them with any other concerns they have related to their child support obligation.
Do I Need a Lawyer for Help with Terminating Child Support?
If you would like to determine whether or not you are eligible to terminate your child support obligation or if your child’s other parent may be eligible, it is important to consult with a South Carolina child support lawyer. LegalMatch can assist you with finding a lawyer who can help you with your child support issue.
When you are a paying parent who is eligible to terminate their child support payment, your lawyer files a petition in the proper court to request a termination of your obligation. The court will likely have a hearing where you and the other parent are able to present arguments about whether or not the requirements have been met.
If you make child support payments, you must continue to make those payments until the court issues an order that states you are no longer required to do so. If you are having issues making your payments or with collecting your payments, a lawyer can help.
