You’re going through a divorce and you’re worried about your children. You know that this divorce is going to affect them, but you want their lives to stay as close to the same as possible.
So, determining your child custody and child support are the best ways to ensure this result. A Charleston, SC child support lawyer like Lauren Taylor can help you receive the support your children deserve. One of the trickiest parts of your divorce settlement will be the custody and support of your children.
You need an experienced attorney that can answer all of your questions and guide you through the divorce process. The welfare of your child is the most important thing in your divorce, so you should have someone in your corner that is representing the interests of you and your child.
Who is responsible for child support?
In the state of South Carolina, either parent may request child support. Both parents are responsible for the wellbeing of their child. In most cases, the parent that doesn’t have primary custody is required to pay some type of child support.
However, both parents are responsible for medical care and other important expenses. For example, if your child is going to a private school that requires tuition, that could be an additional cost on top of child support.
The amount of child support depends on many different factors. You and your spouse can decide on child support through mediation. However, if no decision can be met through mediation a judge will be responsible for determining the amount of child support.
How is the amount of child support decided?
There are some websites that you can use to determine how much you should be paying in child support. The Department of Social Services of South Carolina provides a calculator that you can use to get an estimate of your child support payments. Some of the key factors are:
- How many children will you be supporting?
- Who has custody of the children?
If there is a split custody arrangement, who lives where? (Split custody means that children are split between the parents. For example, one parent might have custody of the son, while the other parent has custody of their daughter.)
- How many overnight visits are split between the parents?
- What is the monthly income of each of the parents?
- Is there any alimony being paid to either?
- Is there any other child support or alimony being paid?
- How many other children live in the home?
- Is any health insurance being paid?
- Are there any additional medical expenses or childcare costs?
- Is there a child care tax credit?
Using the Department of Social Services website will give you a good estimate of the amount of money you should be paying or receiving in child support. However, this website just provides an estimate and does not count as legal judgment. The important thing about this website is being able to see the areas of your life that a judge will be reviewed before making their judgment.
South Carolina uses an income shares model to determine child support.
Like most states in the country, South Carolina relies on an income shares model to determine how much child support you should pay or be awarded. The model determines how much of each parent’s income would be spent on the child if they were living together.
There is an average amount of money that households across America spend on their children every month. This amount includes the cost of food, shelter, utilities, clothing, transportation, health care, and much more. The basic needs of the child are met by this estimated amount, and this is used to determine how much child support someone would pay.
For example, if both parents bring home 2,000 and 2,500 a month, their gross income is 4,500 dollars. The economic table would then be referenced to show what the cost of raising a child would let’s assume it’s 1,125 dollars a month.
The non-custodial parent has an income of 2,500 dollars a month, so they are responsible for 55.6 % of the child’s care. Therefore, the non-custodial parent must pay 625.50 dollars a month. The court can always deviate in these cases, especially if the non-custodial parent is going to face hardship with this amount of child support. The court can also reduce the amount of child support as a grace period for the payor. The model is only a recommendation, so you never know what could happen when you go to court.
Will the amount of my child support ever change?
It depends on the situation, but the short answer is that it is possible! There are many things that affect your child support payments, including income levels. If your ex is paying child support and gets a new job making less money, you can expect to receive less child support.
Alternatively, if your ex is making more money, you can take them back to court to get more child support. You need an experienced Charleston, SC child support attorney to help guide you through the process.
What happens if I’m not receiving my child support?
So, you’ve been awarded child support and you’re not receiving payments? This can be very stressful for a parent that is just trying to provide for their child. Your child support is supposed to assist you in the financial stress of caring for your child. You might be wondering what your options are if you haven’t been receiving your child support.
Initially, you will want to report your spouse for nonpayment, which means taking them to court. A Charleston, SC child support attorney can help you with the paperwork. Ultimately, if your ex refuses to pay child support, they can find themselves in jail. If you need to talk to someone about missing child support payments, contact us today to set up your consultation.
The process of handling a divorce is complex and requires an attorney that is experienced. Child support is only one of confusing part of your divorce. If you need help with your divorce you should contact Lauren Taylor Law today.