Sinclair & Collins, LLC

Attorneys at Law

Phone:    (864) 573-7575 ext. 6

Fax:        (864) 585-0183

Email:      office@dmcjr.com

Physical Address:   302 East St. John Street
                             Spartanburg, SC 29302

Mailing Address:     P.O. Box 1853
                              Spartanburg, SC 29304

Who decides how much child support is paid?


The Family Court Judge will decide how much child support is paid. The Judge sets the child support by using the South Carolina Child Support Guidelines.


What are the South Carolina Child Support Guidelines?


The South Carolina Child Support Guidelines ( or “guidelines” as the attorneys and Judges will call them) are a set of charts and calculations used to estimate how much money is needed to raise a child and to decide how to divide the responsibility for that amount between the parents.


Can I get a copy of the South Carolina Child Support Guidelines?


Yes. You can download a copy from the website of the Child Support Enforcement Division of the South Carolina Department of Social services. You can go to their website and follow the links http://www.state.sc.us/dss/csed/index.html or you can type in the following address in your web browser to download a copy of the guidelines http://www.state.sc.us/dss/csed/forms/2006guidelines.pdf


Is child support based on the parent’s incomes only?


No. The amount of child support is based on (1) the gross monthly incomes of both parents, (2) the amount of alimony paid by one parent to the other, (3) the amount of alimony or child support paid by either parent to another person, (4) the cost of child care for the children, (5) the cost of health insurance for the children and (6) the amount of any extraordinary health expenses for the children.


What if the other parent isn’t working?


If one parent is not working, you can ask the Judge to calculate the child support based on what they could make if they were working. If that parent would have to pay for child care to go to work that amount is also included in the calculations withe the amount they would earn from working.


Do my car and mortgage payment affect child support?


No. The personal debts owed by the parents do not affect the calculation of child support. The needs of the children come before the parent’s desire for a new car or a bigger house. Child support is not reduced because a parent has a big mortgage to pay for or a big car loan to pay each month.


Why do the child support payments go through the Clerk of Court?


Unless both parents agree to handle the payment of child support between themselves, the payments will be paid through the Clerk of Court. The Clerk will keep a record of when payments are made and how much is paid. The Clerk will then send a check to the parent who gets the child support. If child support is paid through the Clerk, a 5% fee is added to the child support amount and is kept by the Clerk.


Why would I want child support to be paid through the Clerk of Court?


For the parent who is paying, you are paying for the Court to keep an accurate record of what and when. You also do not have to deal directly with the other parent about the child support. If there is ever a question about your payments, you can geta detailed print-out of all your payments. For the parent who gets child support, you do not have to deal directly with the other parent about payment if the child support. More importantly, if the child support is not being paid the Clerk is required to help collect it and you do not have to hire an attorney to collect your child support.


Does Filing Bankruptcy stop child support?


No. The obligation to pay child support continues even after filing for protection in Bankruptcy Court. In some cases, Bankruptcy may keep a parent from being in contempt of Court for not paying back due child support, but it does not stop the obligation to keep paying child support as it comes due.


What happens if I do not pay my child support?


If you do not pay the child support you can be taken back to Court and asked to be held in contempt of Court. The procedure of taking a non-paying parent back to Court for contempt is called a Rule to Show Cause. Before someone can be held in contempt of Court for not paying child support, the Judge has to decide that they wilfully failed to pay the child support that they owed. What a Judge thinks is “willful failure to pay” is often different than what most people think. Be sure to talk to a lawyer about any reason you may have for not paying child support before you tell it to a Judge.


What is the penalty if I am found in contempt of Court?


A Judge can punish a person who is found in contempt of Court by sentencing them to jail for up to 1 year, making them pay a fine of up to $1,500.00 or requiring them to do up to 300 hours of community service.


When does the child support stop?


Child support obligations end as a matter of law when the child turns 18, becomes married or becomes self-supporting.  The child support can be extended by Court Order through the child's graduation from high school, but not beyond their 19th birthday.  Although the child support obligation ends automatically, if the child support is paid through the Clerk of Court, the paying parent normally has to contact the  Clerk of Court's Office to have the child support stopped and the account closed.


Can I stop the other parent’s visitation if they are not paying child support?


South Carolina Courts treat visitation and child support as two separate issues. You cannot keep the other parent from visiting because they are not paying child support.