The child support statutes of South Carolina are found in the South Carolina Code of Laws, Sections 20 and 43. These statutory provisions include directives on how child support is calculated, including the creation of guidelines and a worksheet. The child support laws also include enforcement provisions if a parent fails to make appropriate court-ordered payments.
Child Support Guidelines
The South Carolina General Assembly requires courts in the state to utilize the standardized Child Support Guidelines when determining a parent's financial obligation to a child in a divorce, legal separation, paternity or child in need of care case. The guidelines are designed to provide uniformity in calculating child support. In addition, the guidelines serve to eliminate at least some of the emotional debate inherent in divorce and similar types of cases by establishing an objective formula for determining a child support obligation.
Income Shares Model
In an effort to ensure that a child receives appropriate financial support, South Carolina adopted what is known as the Income Shares Model, according to the South Carolina Child Support Guidelines. The Income Shares Model is based on the premise that children "should receive the same proportion of parental income they would have received had the parents lived together."
The purpose of the Income Shares Model is to ensure a minimal disruption of a child's life on the financial front regardless of the status of the parents. Based on the Model, child support is calculated as a proportionate share of each parent's income.
Child Support Worksheets
In a divorce or similar type of proceeding in South Carolina, the Child Support Guidelines require the use of a worksheet to calculate the actual amount of the non-custodial parent's financial obligation. Using the incomes of both parents as a starting point, a base obligation is computed using the worksheet. The base obligation can be increased depending on the specific circumstances of a particular case. For example, the base child support obligation may be increased because of health care expenses unique to the child.
Enforcement
The South Carolina Code of Laws include provisions establishing mechanisms to enforce a child support obligation. A parent who fails to honor her child support obligation faces the prospect of being found in contempt of court, required to pay a larger amount in recurring payments to pay down the arrearage or even incarcerated.
