At what age is a child deemed emancipated for purposes of child support under South Carolina law?

Answer:
Generally, a parent’s child support obligation terminates when the child reaches the age of 18 years. Section 63-3-530 of the Code of Laws of South Carolina provides that: orders for child support run until the child is eighteen years of age or until the child is married or becomes self-supporting, as determined by the court, whichever occurs first; or without further order, past the age of eighteen years if the child is enrolled and still attending high school, not to exceed high school graduation or the end of the school year after the child reaches nineteen years of age, whichever is later; or in accordance with a preexisting agreement or order to provide for child support past the age of eighteen years; or in the discretion of the court, to provide for child support past age eighteen where there are physical or mental disabilities of the child or other exceptional circumstances that warrant the continuation of child support beyond age eighteen for as long as the physical or mental disabilities or exceptional circumstances continue.

Is the amount of child support payable under the South Carolina Child Support Guidelines based on gross income or net income?

Answer:
The presumptive amount of child support provided for under the South Carolina Child Support Guidelines is based on gross income. Gross income is defined as “income from any source including salaries, wages, commissions, royalties, bonuses, rents (less allowable business expenses), dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits (except SSI), workers’ compensation, unemployment benefits, Veterans’ benefits and alimony. The court is also permitted to “impute” income to reflect a party’s non-income producing asset.

If the parents exercise “shared parenting”, is child support adjusted to reflect the additional expenses incurred by the payer of support?

Answer:
Yes. Regulation 114-4730(A) of the South Carolina Code (Supp.2006) provides that “[w]hen both parents are deemed fit, and other relevant logistical circumstances apply, shared custody should be encouraged....” The regulation states further that shared custody adjustments are advisory, not mandatory. Id. Additionally, if each parent has court-ordered visitation with the children overnight for more than 109 nights each year and both parents contribute to the expenses of the children in addition to the payment of child support, the court may make a “shared custody adjustment,” which “shall be calculated using Worksheet C.” Id. The regulation goes on to explain that “if the 109 overnights threshold is reached for *253 shared physical custody, this adjustment may be applied even if one parent has sole legal custody.” Id.

Can parties agree on an amount of child support that deviates from the presumptive child support obligation provided for under the South Carolina Child Support Guidelines?

Answer:
Generally, yes. However, if the amount deviates from the presumptive child support payable under the Guidelines, the Family Court will only approve it if it is fair and reasonable. In addition, if the agreement was reached without representation by counsel, the court must determine that any party who was not represented by an attorney had a thorough understanding of the agreement. The court has a duty to determine that the subject children’s best interests are served.

What if a parent is unemployed?

Answer:
If the court finds that a parent is voluntarily unemployed or underemployed, it may calculate child support based on a determination of his or her potential income. This is called “imputed” income. If a parent is unable to work because he or she must care for young children, this factor may be considered.

How can I determine the amount of child support payable under the Guidelines based on my income and other circumstances?

Answer:
South Carolina has free and easy to use child support calculators and charts. The following site may be useful for you:

http://www.state.sc.us/dss/csed/calculator.htm
The calculator is easy to use and free of charge. The guidelines consider the income of each parent, number of unemancipated children, and custody arrangement (sole custody vs. shared custody).

What about child support for the children?

Answer:
Ordinarily, the Family Court requires coverage for the children by the parent who can obtain the most comprehensive coverage through his or her employer or otherwise, at the most affordable cost. The parent providing medical/dental insurance receives a credit for the cost of including the children on his or her insurance policy. If this amount cannot be verified, the total cost of coverage, divided by the total number of persons covered by the policy, and then multiplied by the number of children in the support order, is used to determine the incremental cost of coverage.