When the court signs off on a child support order, the terms are not necessarily permanent. Situations can change for the child and their parents, often making it necessary to adjust support payments. So, when does child support end in South Carolina?
Consider some common conditions that may terminate child support and how a Greenville child support lawyer could help you. Contact Turner Family Law about your child support situation.
Understanding South Carolina’s Child Support Laws
South Carolina’s child support laws are in place to help the custodial parent pay for the expenses involved in raising the children. A court may enter a child support order as part of a paternity proceeding, which is where the mother legally establishes who the father of her child is. Another situation where a child support order may arise is during a divorce or legal dissolution of marriage.
Child support is paid on a regular basis ( e.g., monthly or biweekly) and may be received by the State Disbursement Unit, which then sends the money to the recipient. Having a third party manage the payments can help limit potential confusion and disputes. The government may review the child support agreement every couple of years to see if it is still appropriate under the circumstances.
Calculating Child Support in South Carolina
The court uses a set formula or guidelines in South Carolina law to decide the appropriate amount of child support. Factors considered in the formula include each parent’s income from applicable sources, their expenses, the children’s expenses like their education and healthcare costs, and the amount of alimony a parent is receiving.
The government uses each parent’s gross income rather than net to determine their monthly income. They then look at the current and anticipated expenses, such as child care, education, healthcare, groceries, housing, and transportation.
The non-custodial parent—the parent that the children are not living with full-time—pays child support to the custodial parent. If the parents have a shared custody agreement or at least one of their children lives with each of them full-time, the court may adjust the support order to reflect this.
How To Modify a Court’s Child Support Order
Sometimes, modifying a child support order may be necessary to reflect a change in circumstances. According to the Department of Social Services (DSS), the parents have the right to ask the court to take a second look at the child support order every three years. The Department may also request this if it believes it is necessary to revisit or update the current arrangement.
Someone can request a modification of the existing child support order by filing an appropriate request with DSS or the court. Typically, this would be a petition to modify.
To qualify for a modification, the person would need to show a substantial change in circumstances. For example, a modification may be necessary if the non-custodial parent involuntarily loses their job and cannot make the payments. Another basis for changing the arrangement is if one of the children has a serious medical condition that requires additional costs each month.
The court or DSS would review the person’s request and any evidence, such as financial statements, needed to understand the reason for the modification. The deciding agency would then accept or deny the request to change the agreement.
How Long Does Child Support Last?
Child support may last until each child turns 18 or is emancipated. That said, there are exceptions where the court may decide that it is appropriate for child support payments to last longer than this. For example, if one of the children is 18 and lives at home while working or going to college, the court may require the other parent to continue to pay support.
Someone should get a court order before they stop paying child support. Even if the child turns 18 and the parent paying support thinks their child support obligation is complete, they should still petition the court to terminate child support. If they do not do this and are wrong about support being done, they may be in arrears (i.e., have past due payments on their record) or have to pay penalties.
How Do You Terminate Child Support in South Carolina?
According to SC child support laws, the obligation to make payments ends when the child reaches the age of 18. However, other conditions may shorten or extend a support order. These may include the following:
- A preexisting agreement or order allows it to continue beyond the child’s 18th birthday.
- The child enters into a legal marriage or becomes self-supporting.
- The child remains in high school after turning 18 but does not exceed the graduation date or the school year’s end.
Another important consideration is the question of arrearages, which are past due child support payments. Termination of child support absolves the paying parent of future support obligations. However, they still must cover all default payments even after the legal order ends.
Does child support continue through college?
Ideally, parents will agree on how they contribute to college expenses for children after terminating a child support agreement. However, if they do not, either parent, whether they were formerly custodial or not, may petition the court for a contract to make contributions for college expenses.
Factors the court may consider for this petition include the following:
- Whether the child demonstrated an ability to commit to school work and make satisfactory grades
- If the child indicated that they would benefit from going to college
- If the parent has the financial ability to contribute to educational expenses
- Whether the child would be able to go to college without the parent’s contributions
Financial aid availability also plays a role in post-secondary education support agreements. For example, the court will consider whether the child is eligible for grants and loans. Additionally, the child’s ability to work and earn an income during the school year and on vacation could impact the level of contribution from the parent.
When does child support end in South Carolina for disabled children?
Many states limit child support obligations for disability to the child’s 21st birthday, but South Carolina differs in this regard.
According to state law, a support order may remain in place as long as the child’s physical or mental disability exists or as long as an exceptional circumstance remains. The standard for making decisions about a child support order is always what is in the child’s best interest, and a child support lawyer can help you understand what that means for parents like you.
What Other Conditions May Cancel Child Support?
A child’s legal marriage can cancel a child support order. For example, if a 19-year-old high school student chooses to get married before graduation, the paying parent may petition the court to terminate their support before the child completes high school.
South Carolina law permits marriage at 16 years old as long as at least one parent or guardian allows it. There are other ways a child can become legally emancipated before reaching 18.
How can a child under 18 become emancipated in South Carolina other than by marriage?
Joining the military is another form of emancipation and a scenario where the law permits a parent to petition for the termination of child support. At age 17, a child can join the military with parental consent, or they may join on their own at 18.
Currently, South Carolina does not have a court-ordered statute for emancipation. However, parents can come to an agreement with their child, acknowledging that the child can care for themselves. Moving out and living independently is the most common way for children to become emancipated. In this situation, the child becomes responsible for earning an income to support themselves and relieves the parents of that responsibility.
Does Child Support Automatically Terminate?
Under certain conditions, child support orders in South Carolina may automatically terminate. For example, if you only have one child or an emancipated youngest child and your obligations follow a support order, the order will terminate automatically. However, if you pay through family court and only have one child, you will need to petition the court for an order to terminate.
If your court order involves more than one child and the oldest becomes emancipated, you are still under obligation to pay support for the younger child. In this case, you will need to petition to modify the support agreement.
What Happens If Someone Stops Paying Child Support Before It Legally Ends?
Under South Carolina law, the non-custodial parent should continue to make payments based on the child support schedule until the agreement is officially terminated. If they do not make these payments on time or in the correct amount, they may incur legal or financial penalties. The parent who is supposed to receive support can contact the Department of Social Services or file a petition with the court if the other parent is in violation of the support order.
One of these penalties is being in arrears, which means they have past due child support on their record. They have to pay these past-due amounts and possibly pay interest until they are caught up. Plus, their future child support payments may first go to pay for the arrearages, which means that, unless they pay extra, they are still in arrears going forward. If they continue to refuse to pay the full amount of support plus arrears, they may be in contempt of court for not following a court order.
The Department of Social Services may take additional action to make sure the custodial parent receives the entire amount they are owed. For example, DSS may contact the person’s employer directly and require them to send over funds to pay for child support automatically.
How Can a Child Support Attorney Help You?
If you have questions about your child support case or need to petition the court for a modification of support, an experienced child support attorney can help. Turner Family Law understands the importance of having reliable and responsive legal representation when it comes to a legal situation involving your children.
Turner Family Law will aggressively advocate for you and ensure you are in the loop at every step of the process. Contact Turner Family Law in Greenville to schedule your consultation today.
