South Carolina Child Custody & South Carolina Child Support
UPDATED: February 26, 2020
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When children are involved in a divorce, South Carolina family courts, like their counterparts in other states, will advocate for the best interests of those children in deciding issues of custody, support, and visitation, regardless of whether the parents can come to an amicable and cooperative parenting agreement. The following topics address laws governing South Carolina child custody and support.
South Carolina Child Custody:
South Carolina courts will do everything possible to lessen the emotional impact on children of divorcing parents. If the parents cannot agree on a plan for custody, the courts will decide what is best for the children, and will give weight to the willingness of either parent to encourage a relationship between the children and the other parent. The court will also consider the child’s religious faith, age, maturity, and any history of violence or abusive conduct by either parent.
South Carolina Child Support:
Child support in South Carolina is determined in accordance with the Income Shares Model for child support, where each parent's income is considered in relative proportion. The support amounts calculated from each parent then help decide which parent must pay the other in order to maintain the correct proportion and provide for the needs of the child.
These guidelines are not always followed, but a decision to follow a different standard will require supportive evidence showing 1) all the factors that affect the parties financial obligations differently, and 2) how applying a standard other than the Income Shares Model will more effectively preserve the best interests of the child.
The factors that can be considered here are numerous, and include but are not limited to the following:
- Pre-dissolution or pre-separation standard of living that the child enjoyed
- Monetary support provided for other family members
- Debts arising during the marriage for the child's benefit
- Imputed income to a party who is voluntarily unemployed for the child's benefit
- Court-ordered payments for health care and education for the child's benefit
- Children's independent financial resources, if any
- Education, training, and/or career opportunities of the parties and/or ability to pursue those things
Keep in mind that a lawyer can help you sort through your rights and responsibilities when it comes to raising your children after a divorce. A lawyer can also serve as your advocate and/or counsel when negotiating a parenting agreement. You can find a lawyer at:
South Carolina Divorce/Child Support/Child Custody Lawyers:
Find an experienced South Carolina Divorce Attorney at AttorneyPages.com
Find an experienced South Carolina Child Support or Custody Lawyer at AttorneyPages.com
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