A parent is financially responsible for their child(ren)’s wellbeing regardless of their custody or visitation rights. Accordingly, state law establishes rules and regulations for what a non-custodial parent might owe their child’s custodial parent in terms of financial support.
Even with these rules, though, the amount of child support a particular person might owe or receive may vary significantly depending on their circumstances. For this reason, retaining an Anderson child support lawyer could be key to achieving a positive case outcome. A knowledgeable family attorney at our firm could help you understand the factors at play in your case and advocate on your behalf for a favorable outcome.
State Guidelines for Child Support Obligations
The specific formula that local courts use to compute an appropriate amount of child support relies on two elements: the total gross income each parent brings in per month, and the percentage of combined gross income each parent is responsible for. In this context, “gross income” includes not just a parent’s wages or salary from work, but also commissions, bonuses, severance pay, rental income, stock dividends, trust funds, and even Social Security and workers’ comp benefits. The court will assign each parent a percentage of responsibility for their child’s financial support based on how much gross income they bring in relative to their co-parent.
Importantly, South Carolina Code of Laws §63-17-470 establishes a rebuttable presumption that the standard formula will produce appropriate support obligations, meaning it is possible to challenge the formula’s output based on its failure to account for certain factors. An Anderson attorney could help seek an alternative child support arrangement by emphasizing case-specific factors like:
- What property was awarded to each parent during their divorce
- The child’s unique educational and/or medical expenses
- Outstanding debts owed by one parent
- Other support obligations owed by one or both parents
- A significant disparity in income between parents
Modifying a Child Support Order in Anderson
According to SC Code §63-17-830, a party to a child support order can petition the court for the terms of that order to be modified. However, they must prove that their circumstances – or those of their co-parent – have changed significantly since the first child support order was established. Situations that may justify a modification include sudden job loss, a significant increase or decrease in income, severe illness, or a newfound financial responsibility to other dependent children.
Otherwise, child support orders remain in effect and legally enforceable until the child in question turns 18 or becomes self-supporting. However, there are some exceptions to this rule that a local child support lawyer could discuss in further detail if applicable.
Seek Help from an Anderson Child Support Attorney
Child support is often especially difficult to resolve during divorce and separation proceedings, and it can continue to be even after a court issues a support order. Fortunately, help is available from seasoned legal representatives who know how to handle cases like yours.
A qualified Anderson child support lawyer could be the steadfast ally you need to effectively protect your family’s best interests. Schedule a consultation by calling our firm today.