Child Support Questions And Answers

What is Child Support?

Money paid by one parent to another for needs of the child such as daycare, school expenses, medical bills, food, and health insurance.

Who Must Pay Child Support?

Most of the time, the non-custodial parent is required to pay child support.

How Long is a Parent Required to Pay Child Support?

• A parent can be required to pay child support until the child turns 18.
• A court can extend payments past the age of 18 if the child is handicapped or needs to finish their education.

What if the Non-Custodial Parent Lives Out of State?

• A parent can't avoid paying child support because they live out of state.
• It may take longer to enforce the order against a parent who lives out of state.

Can I Get Support if the Non-Custodial Parent is in Jail?

Generally, past-due support accumulates while a parent is in jail. Unless the parent has assets, such as property or bank accounts, or any income such as wages from a work release program, it is unlikely support can be collected while they are in jail.

How Does the Court Calculate Child Support?

• The amount of support is determined by the South Carolina Child Support Guidelines
• The guidelines consider the income of both parents and the number of children
• Daycare and healthcare costs are also factored into how much a parent should pay

Can the Court Reduce or Increase the Amount of Child Support?

• Either parent can ask the court to review child support payments every three years to determine whether there should be an increase or reduction in support
• Parents can also ask the court to review the child support payments if there is a substantial change of circumstances

Will Gifts of Money Given to the Child Count?

• A child support order generally specifies how support should be paid
• Gifts or payments made outside of the order are generally not considered against the amount that the court orders the non-custodial parent to pay

What Can Be Done if the Non-Custodial Parent Refuses to Pay Support?

Collection may be accomplished by:

• Filing contempt of court proceedings which could result in jail time, fines or both
• Withholding the child support from the non-custodial parent’s wages or unemployment benefits
• Deducting the past due payments from the non-custodial parent’s state and/or federal income tax returns
• Garnishing workers' compensation benefits
• Reporting the delinquent support to the credit bureaus
• Revoking the non-custodial parent's occupational, professional, or driver's license
• Pursuing federal prosecution if the non-custodial parent lives out of state

Can I Withhold Visitation if the Non-Custodial Parent is Behind On Child Support Payments?

No! You can be held in contempt of court, which may result in a jail sentence, fines, or both, for failing to honor the non-custodial parents' visitation rights if there is a court order.