If you’re going through a divorce or custody case in Rock Hill, SC, child support is likely one of the biggest questions on your mind. How much will you pay? How much will you receive? And how is the amount determined? The answers aren’t always straightforward, but understanding how the child support calculator works in South Carolina can help you prepare for what’s ahead.
At Turner Family Law and Divorce Attorney, we help parents throughout Upstate South Carolina and across the state navigate child support matters every day. Attorney Michael Turner has practiced exclusively in family law since 2010, and our team knows how these calculations work inside and out. If you have questions about your specific situation, contact us at 864-778-2734 to schedule a consultation.
How South Carolina Calculates Child Support
South Carolina uses the Income Shares Model to calculate child support amounts. This means the court looks at both parents’ incomes and estimates what they would have spent on the children if the family were still together. That total obligation is then divided between the parents based on each one’s proportional share of the combined income.
There is a rebuttable presumption that the amount calculated under the guidelines is the correct amount of child support to be awarded. A different amount may be awarded upon showing that application of the guidelines in a particular case would be unjust or inappropriate. In other words, the guidelines amount is the starting point, but the court has some flexibility in special circumstances.
What Counts as Income
Under S.C. Code Regs. § 114-4720, the guidelines use gross income (before taxes and deductions) rather than net income. Gross income includes income from any source, including salaries, wages, commissions, royalties, bonuses, rents, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, workers’ compensation benefits, unemployment insurance benefits, Veterans’ benefits, and alimony.
This is a broad definition, and disputes commonly arise in this area. If your spouse receives bonuses, investment income, or rental income, all of those factors into the calculation.
Self-Employment and Hidden Income
Self-employment income creates unique challenges. For self-employed parents, gross income is defined as gross receipts minus ordinary and necessary business expenses. However, the court should exclude amounts allowed by the IRS for accelerated depreciation or investment tax credits and add those amounts back in.
The court should carefully review self-employment income and expenses to determine the actual gross income available to satisfy a child support obligation, which may differ from the business income reported for tax purposes. This is where having an experienced family law attorney matters. A parent who runs a business may underreport income through excessive write-offs, and the court needs accurate financial information to reach a fair result.
Imputed Income for Unemployed or Underemployed Parents
What happens if a parent quits their job or takes a lower-paying position to reduce their support obligation? South Carolina’s guidelines address this directly. If the court finds that a parent is voluntarily unemployed or underemployed, it should calculate child support based on a determination of the potential income that would otherwise be available to the parent.
To impute income, the court considers factors including the parent’s assets, employment and earnings history, job skills, educational attainment, age, health, criminal record, the local job market, and prevailing earning levels in the community. The court won’t let a parent dodge their financial responsibility by choosing not to work.
Adjustments That Affect the Final Number
Several factors can adjust the base child support amount.
Number of children. The number of children refers to those for whom the parents share responsibility for support and for whom support is being sought. More children generally means a higher total obligation.
Health insurance. If either or both parents carry health care coverage for the children, the cost of coverage is added. Only the amount actually paid by the employee should be included, and the parent paying the premium receives a credit.
Childcare costs. Work-related childcare expenses are also factored into the calculation.
Uninsured medical expenses. The guidelines include $250 per child per year for uninsured medical expenses. Reasonable and necessary unreimbursed medical expenses exceeding that threshold are divided between the parents based on their proportional share of combined income.
If you have questions about how these adjustments apply to your situation, our team can help. Call 864-778-2734 to discuss your case.
How Custody Arrangements Factor in
Your custody arrangement directly affects child support. When one parent has primary physical custody, the other parent typically pays support. In shared custody situations where the child spends significant time with both parents, the calculation may be adjusted to reflect each parent’s actual parenting time.
Modifying a Child Support Order
Either parent can request a modification to a child support order. Modifications are appropriate if you can demonstrate a substantial change of circumstances, which commonly includes changes in income, time-sharing arrangements, or the child’s needs.
The guidelines provide for calculated child support amounts based on a combined parental gross income of up to $40,000 per month, or $480,000 per year. Where combined income is higher, courts determine support on a case-by-case basis.
Where to Find the Official Guidelines and Worksheet
South Carolina’s child support guidelines are contained in S.C. Code Regs. §§ 114-4710 through 114-4750, and the official worksheets are available through the South Carolina Department of Social Services. However, plugging numbers into a worksheet doesn’t account for the many variables that can affect your final obligation. Deviations, credits, and disputes over income all play a role.
Why Working With an Attorney Matters
Child support calculations look simple on the surface, but the details matter. Whether you’re concerned about a spouse hiding income, need to request a modification, or want to ensure the calculation accurately reflects your financial situation, having a knowledgeable attorney on your side makes a real difference.
Turner Family Law and Divorce Attorney serves families from our offices in Greenville and Rock Hill, and throughout South Carolina. Attorney Michael Turner and our team handle child support cases with the care and attention they deserve, because these numbers directly affect your children’s well-being.
Protect what matters most. Contact us at 864-778-2734 to schedule a consultation today.
