Child Support in South Carolina

 

What if the non-custodial parent lives out-of-state?

States cooperate with each other in establish and enforcing child support orders. However, when a non-custodial parent lives out-of-state, it may take longer to establish and enforce a child support order.

 

What if the non-custodial parent is not making child support payments, in violation of a court order?

When a parent fails to comply with a family court order regarding child support, the custodial parent may file a Rule to Show Cause with the family court. The non-custodial parent then must appear for a hearing on the issue, and explain to the family court why he/she should not be held in contempt. 

 

How is paternity established?

When the parents are not married, a court order naming the legal father establishes paternity. The father may voluntarily admit paternity. In cases where the alleged father refutes paternity, the court will schedule a hearing and/or paternity tests. The alleged father must pay for the paternity test. The paternity tests compare the genetic makeup between the mother, child, and alleged father. If the paternity test excludes the alleged father from paternity, the mother may be ordered to pay for the test.

 

How can I modify my child support obligation?

A family court has the authority to modify a child support obligation upon a showing of a substanial or material change in circumstances. The change in circumstances must have been unforeseen by the parties at the time that the original child support order was issued. 

 

" A substantial or material change in circumstances might result from changes in the needs of the children or the financial abilities of the supporting parent to pay among other reasons." Miller v. Miller, 299 S.C. at 310, 384 S.E.2d at 717 (citing Smith v. Smith, 275 S.C. 494, 497, 272 S.E.2d 797, 798 (1980)). " Generally, however, changes in circumstances within the contemplation of the parties at the time the initial decree was entered do not provide a basis for modifying a child support award." Id. (citing Calvert v. Calvert, 287 S.C. at 139, 336 S.E.2d at 889; Nelson v. Merritt, 281 S.C. 126, 130, 314 S.E.2d 840, 842 (Ct.App.1984)). Hawkins v. Hawkins, 742 S.E.2d 677, 403 S.C. 228 (S.C.App. 2013)