The Child Support Services Division in South Carolina encourages responsible parenting, family self-sufficiency, and child well-being by assisting in locating parents, establishing paternity, establishing, modifying, enforcing support obligations, and obtaining child support for children. Their goal is to create a system where children can depend on their parents for the financial and emotional support they need to be healthy and successful.
Additionally, the legal professionals of the South Carolina Department of Social Services (DSS) serve in a state-wide law firm handling matters at all levels of judicial forums, from Administrative Hearings to the Supreme Court and in Family Court in every county of South Carolina. DSS employs attorneys and paralegals. These legal professionals span the spectrum of experience, from interns and summer clerks to entry-level attorneys waiting on Bar results to seasoned litigators and advisors with over 30 years of experience.
Furthermore, They provide services to the Agency and the people of South Carolina by cultivating a culture of professionalism, diligent work ethic, and high regard for Justice, Due Process, and the Rule of Law, as stated on their website. The Office of General Counsel manages the overall leadership of DSS Legal Operations.
Moreover, the South Carolina Bar states that child support may be increased or decreased when there is a substantial change in circumstances. These might include losing your job, making substantially less income, a child now residing with you, a child’s emancipation, or you have a medical condition, injury, or disability.
However, child support can only be modified from when you file the action forward. For instance, if you become disabled in January but do not file for a modification until June, the support can only be changed from the June filing date. It will not return to the date you became disabled.
Typically, the current child support order must be from South Carolina. If the order is from another state and the child or other parent lives in that state, that state must handle the modification.
Keep in mind that if you fail to pay child support, you can be held in contempt of court. If you are mandated to make payments through the Clerk of Court’s office, the clerk will automatically issue a Rule to Show Cause for failure to pay. You will be notified of the date and time for the hearing.
You will need to explain to the judge why you have not made your payments as ordered. If the court holds you in contempt, you could be sentenced to up to a year in jail, up to a $1500.00 fine, or both.
Lastly, support usually continues until the child reaches 18 and has completed high school or at the end of the school year when the child turns 19. Support can continue for exceptional situations such as college or if the child is disabled. Child support does not terminate automatically. You must file a motion or similar court action to end the support obligation.
What Does a Child Support Lawyer Do?
An article written by Cassie Damewood on the WiseGeek website describes the general duties of a child support lawyer. A child support lawyer is dedicated to ensuring the minor children of people involved in divorce, guardianship, or custody negotiations are treated justly and that their best interests are properly represented.
This may entail collaborating with the court systems or child advocacy groups to collect child support payments. It can also involve negotiating non-monetary terms of the custody arrangements, such as visitation rights and terms.
Furthermore, a lawyer in this specialty may work alone in his private practice or be part of a partnership or group of attorneys involved in various aspects of family law. In addition to negotiating monetary support or custody terms for children, they may advise on establishing trust funds, annuities, and wills that benefit children or authorizing powers of attorney to facilitate negotiations. They are mandated by law to validate the terms of wills and provision of estate settlements.
Moreover, If paternity issues are questioned, a child support lawyer may determine who has a legal responsibility to provide monetary sustenance for the child. Additionally, they may be asked for advice on surrogacy, adoption, or emancipation of minors. If the terms of guardianship require alteration, a child support lawyer is consulted.
A child support lawyer’s responsibilities are similar to those of attorneys specializing in other legal representation areas. They are required to prepare pleadings and appear before judges experienced in family law matters. They may try to negotiate privately with opposing counsel to agree.
How is Child Support Determined in South Carolina?
The Marital Law website discusses how child support is determined in South Carolina. They use the “income share” method for calculating child support payments, designed to ensure that both the custodial and non-custodial parents contribute to their child’s upbringing.
South Carolina’s child support formula accounts for parents who share custody of a child, and support payments are connected to the custody split. Other special situations under South Carolina’s child support law include childcare costs and extraordinary medical costs. These costs may be additions to the basic South Carolina child support order.
Moreover, In an action for divorce from the bonds of matrimony, the court can make orders at any time from time to time after the final judgment. These may relate to the care, custody, and maintenance of the children of the marriage and what security can be provided for the same circumstances of the parties, the nature of the case, the best spiritual and other interests of the children which might be suitable, equitable, and just.
Lastly, child support can be arranged out of court by a mutual support agreement between the parents or can be determined in South Carolina family court through a child support order. For instance, In South Carolina, several factors are considered when deciding the amount of child support to be paid in court.
Under the income share model, the court uses economic tables to estimate the monthly cost of raising the children. The non-custodial parent pays a percentage of the calculated cost based on their proportional share of both parents’ combined income. There are other models available for further research if needed.
How is Child Support Enforced in South Carolina?
In South Carolina, child support is enforced by the state child support agency, as mentioned above. The state agency manages the location of non-custodial parents, enforcement of support orders, and handles unpaid child support arrears.
Furthermore, child support arrears are the amount of child support that is delinquent, or unpaid, by the non-custodial parent to the custodial parent. The state may collect child support arrears through wage garnishment, bank levy, withholding of South Carolina welfare benefits, or other collection methods.
On another note, under IRS guidelines, the recipient of child support does not need to pay federal tax on child support payments, and the payer of child support cannot deduct their child support payments. This varies from the federal taxation of alimony payments, which are treated as taxable income by the receiver and are deductible by the payor. South Carolina tax law may also depend on the tax treatment of child support.
When Do I Need To Contact a Lawyer?
If you live in South Carolina and have child support issues, do not hesitate to reach out to a South Carolina child support lawyer to facilitate the process. Your attorney can provide you with the legal representation and guidance needed for your specific case.
