The factors a Court considers when determining support depends on the parties gross income or potential gross income, daycare expenses, extraordinary medical bills, insurance coverage, educational expenses or other expenses that are relevant to protecting the best interest of the child.
In most cases, the Courts follow the South Carolina Child Support Guidelines. The Court might also look at income generating assets.
The Court will considered support of other children or adopted children living in the payee’s home. A payee who also supports a step-child that is in the home is not included in equating child support unless the payee is legally responsible for support that child.
The guidelines have three separate worksheets; sole, split, and shared custody. Each worksheet quantifies the amount of time spend with each child to decide what amount of support is appropriate for the child.
In South Carolina, the Court has discretion to Order the payee to pay the payor directly or pay through the Court. If the Court orders the payee to pay through the Court the payee will be required to pay an additional 5% court cost.
If you are curious about what amount of support may be awarded you may go to http://www.state.sc.us/dss/csed/calculator.htm. This is just an estimate and certain factors that may be unknown could change the amount significantly. If you are interested in reading the guidelines go to http://www.state.sc.us/dss/csed/forms/2006guidelines.pdf.
Alex Kornfeld is a Family Law Attorney here in Greenville, South Carolina. His practice consists primarily of Family Law, Criminal Defense, and Business Law. You may reach Atty. Kornfeld at his office 864-335-9990
Sources: Marriage and Divorce Law in South Carolina, A Layperson’s Guide 3rd edition;
The SCDSS website.