South Carolina Child Support
South Carolina child support is based on the Income Shares Model, which calculates child
support as the share of each parent's income which would have been spent on the children if the parents and children were
living in the same household.
South Carolina divorce laws permit the parents the opportunity to create and agree to a Parenting
Plan and Child Visitation Schedule.
SC child support laws mandate that
1. either the judge imposes a plan on you, or
2. you and your divorcing spouse create
one that meets with the court's approval.
If you're smart, you'll pick your own plan. State guidelines state:
The court may
deviate from the guidelines based on an agreement between the parties if both parties are represented by counsel or if, upon
a thorough examination of any party not represented by counsel, the court determines the party fully understands the agreement
as to child support. The court still has the discretion and the independent duty to determine if the amount is reasonable
and in the best interest of the child(ren).
 The total child support obligation is divided between the parents in proportion to their
income. Each parents proportional share of combined adjusted gross income will be calculated. South Carolina child support
terminates when the child turns 18, or completes high school, whichever occurs later.
If split custody is ordered, the court will determine a theoretical support payment for the
child in the custody of the other. The difference between the two will be paid by the parent with the higher income. For
more information, to use a child support calculator or child support obligation worksheet, see this link.
Editors Note: In April, 2010, the South Carolina
Supreme Court overturned a 1979 decision, under which parents could be ordered to contribute to their children's college
expenses. The case, Webb v Sowell, witnessed the Father appealing a ruling after he was ordered to contribute to college
expenses for his son. The Court reversed the trial court's decision, finding that it violated the Equal
Protection Clause of the federal and state constitutions.
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South Carolina Child Custody
 "The mother and father are the joint natural guardians of their minor children and are equally charged
with the welfare and education of their minor children and the care and management of the estates of their minor children;
and the mother and father have equal power, rights, and duties, and neither parent has any right paramount to the right of
the other concerning the child custody of the minor or the control of the services or
the earnings of the minor or any other matter affecting the minor".
So goes South Carolina divorce laws and SC child custody. Parents are afforded
the opportunity to agree on a Parenting
Plan or Child Custody Schedule, and
if they are unable to reach agreement, the family court will consider parenting skills and impose its own plan. Each parent,
whether the custodial or non custodial parent of the child, has equal access and the same right to obtain all
educational records and medical records of their minor children and the right to participate in their children's school activities
unless prohibited by order of the court. Neither parent will forcibly take a child from the guardianship of the parent legally
entitled to custody of the child. Child's preference for custody to be considered. In determining the best interests of the
child, the court must consider the child's reasonable preference for custody. The court will place weight upon the preference
based upon the child's age, experience, maturity, judgment, and ability to express a preference.
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Keep your children out of the middle of your divorce.
Choose a Child-Centered divorce instead
 Visitation
Co Parenting
Parties to a separation or divorce have the option of submitting a Parenting
Plan,
Child Visitation Agreement and/or a Child Custody
Schedule to
the court during the legal process. A parenting plan will detail the particulars on when each parent will have the children,
and what responsibilities they will have. If you cannot agree on a visitation schedule, the court will order one. Features
typically found in a visitation agreement where the non-custodial spouse is concerned are: alternate weekend visitation (3-day
weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer,
New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate
years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication
by phone and computer.
You may wish to consider these issues and whether they should be a part of the agreement
or not. Be as specific as you can including the right language in your agreement. How is the decreed custody defined? What
are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where
may the other parent pick the child up? What time should the child be returned home? What is
the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given
if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners
stay overnight in front of the children?
Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You
set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child
Custody Strategies.
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Mediation
Marriage Counseling
South Carolina is going to make a reasonable attempt at getting the couple to reconciliation. Be
prepared for it. The referee will make an earnest effort to bring about a reconciliation between the parties
if they appear before him. South Carolina divorce laws require that the referee notify the court if reconciliation is
unattainable. No divorce will proceed without this notification. South Carolina wants you to be certain before you move forward
with a divorce.
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Marriage
Separation
Legal Separation
Marital Separation
In South Carolina there is no such thing as a legal separation. In its stead are
orders of Separate
Maintenance and Support. This is an order which sets forth a formal arrangement made in a judgment issued by a judge.
The judgment determines how the husband and wife will legally live apart and details the responsibilities of each. Should
a husband and wife choose to live apart without such a formal arrangement, but they are not legally living apart. One of
the marriage partners may choose to seek an order of separate maintenance and support for several reasons. The judge hearing
the case can determine the amount of support to be paid by one partner to the other, if any; which of the marital partners
can live in the marital home, can determine questions of child custody, visitation rights and can divide property.
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Waiting Period
There is a three (3) month waiting period from the filing of the petition before the court will grant a judgment of dissolution
of marriage. There is a waiting period of one year if one is using living separately for one year as grounds for divorce.
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Grandparents Rights
South Carolina divorce statutes and Federal law allow courts to order periods of visitation for
the grandparents of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or
are living separate and apart in different habitats regardless of the existence of a court order or agreement,and
upon a written finding that grandparents visitation rights would be in the best interests of the child and would not interfere with
the parent/child relationship. In determining whether to order visitation for the grandparents, the court will consider the
nature of the relationship between the child and his grandparents prior to the filing of the petition or complaint.
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 Divorce Settlement
Distribution of Assets
You are afforded the opportunity to negotiate a divorce settlement with your soon-to-be ex prior to or during the divorce process. Depending upon your situation, that process will include agreeing to the division of assets, debt, support (child and/or spousal) and child custody if applicable. Most couples that have children and need to reduce costs acquire a parenting plan template to accomplish a co-parenting agreement.
Should you be unsuccessful in reaching an agreement, the court will impose its own plan:
In a proceeding for divorce or separate support and maintenance, or in a proceeding for disposition of
property following a prior decree of dissolution of a marriage by a court which lacked personal jurisdiction over an absent
spouse or which lacked jurisdiction to dispose of the property, and in other marital litigation between the parties, the
court will make a final equitable apportionment between the parties of the parties' marital property upon request by either
party in the pleadings. In making a divorce settlement, the court must give weight in such proportion as it finds appropriate to
all of the following factors:
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the duration of the marriage together with the ages
of the parties, |
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marital misconduct or fault of either or both parties, |
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the value of the marital property, |
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the income of each spouse, the earning potential of each spouse, and the opportunity
for future acquisition of capital assets; |
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the health, both physical and emotional, of each spouse; |
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the need of each spouse or either spouse for additional training or education in order
to achieve that spouses's income potential; |
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the non marital property of each spouse; |
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the existence or nonexistence of vested retirement benefits for each or either spouse; |
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whether separate maintenance or alimony has been awarded; |
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the desirability of awarding the family home as part
of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; |
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the tax consequences to each or either party as a result of any particular form of
equitable apportionment; |
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the existence and extent of any support obligations, from a prior marriage or for
any other reason or reasons, of either party; |
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liens and any other encumbrances upon the marital property, |
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child custody arrangements and obligations at the time of the entry of the order;
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such other relevant factors as the trial court shall expressly enumerate in its order. |
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Residency Requirements
In order to institute an action for divorce from the bonds of matrimony the plaintiff must have
resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant
must have so resided in this State for this period; provided, that when both parties are residents
of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement
of the action.
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Spousal Support
