Tega Cay Child Support Attorney

Child support is one of the most contentious issues in a South Carolina divorce. Parents have a legal responsibility to support their children. But sometimes, one parent resents paying child support to their ex, even though it’s the law. And if a former spouse refuses to provide child support once a divorce is finalized, making them pay can be challenging.

If you have custody of any minor children, child support payments may be essential to ensure they can live comfortably. Even if you are not married, you may still need to go to court to agree on child support payments. No matter how complex your situation is, you want an experienced attorney on your side. The Tega Cay child support lawyers at McKinney, Tucker & Lemel, LLC have nearly 50 years of family law experience to help you. Call or contact us today for a consultation.

How is Child Support Determined in South Carolina?

When you get a divorce in South Carolina, the family court judge overseeing your case is supposed to follow child support guidelines outlined by the state’s Department of Social Services. The factors that can determine the number of support payments you must pay can include:

• Each spouse’s income – If the parent with custody of any child from the marriage has a significantly higher income than the other spouse, the one with the lower income will likely pay less in child support.
• How the marital property is divided – A spouse awarded a greater share of the couple’s marital property may receive less child support because they received more of the marital assets.
• Shared and individual debts – If one spouse has significantly more debt or is paying a greater share of the marital debts, child support payments may be adjusted to account for those debts.
• A child’s medical expenses – If a child is expected to have significant medical needs as they get older, the custodial parent will likely be awarded higher child support payments.
• A child’s school expenses – Attending a private or religious school can be expensive, which means the spouse with custody of a child may need additional financial support to put the child through school.
• A child’s income – If a child is old enough to work and contributes to their finances, the spouse with custody could end up receiving less money in child support.
• Spousal agreements – Divorcing couples can set the terms for child support if they can reach an agreement. However, a judge must approve the agreement.

It’s critical to remember these are merely guidelines for judges to follow. They are not hard and fast rules. A judge can deviate from child support guidelines, and the weight they place on each factor could significantly affect your child support payments. If you are concerned about child support after your divorce, talk to a family law attorney as soon as possible.

Can Child Support Payments Change?

Child support payments in South Carolina can be adjusted over time. You must petition the courts to change the amount you receive or pay. Some factors that may lead the courts to approve a change to a child support order include:

• A change in your or your ex-spouse’s employment
• A child suffers a severe injury or illness
• A child develops a mental or physical disability
• A former spouse becomes disabled or incarcerated
• A significant change in the child spends with each parent

How Long Do Child Support Payments Last?

Child support payments generally continue until all minor children from the marriage are emancipated. Typically, a child is emancipated once they turn 18 and finish high school or when they complete the school year in which they turn 19. However, child support can continue past this point under certain circumstances, such as if the child has a disability.

Remember that payments do not automatically end once a child is emancipated. You must file a motion with the courts and receive approval from a judge before discontinuing child support payments.

What Can You Do if One Parent Fails to Follow the Child Support Order?

A child support order is a legal document. Anyone who does not comply with a child support order can be held in contempt of court. The best way to enforce compliance with a child support order is to get help from a Tega Cay child support lawyer. Your attorney can petition the courts for you, and the courts can then take legal action against your former spouse and force them to pay the money you are owed.

Contact a Tega Cay Family Law Attorney Today

Child support can be a heated issue when you are going through a divorce in South Carolina. If you’re struggling to get the payments you’re due or believe your child support payments are unreasonable, talk to a child support lawyer in Tega Cay today. At McKinney, Tucker & Lemel, LLC, we work to resolve child support disputes and reach a fair resolution that protects your children and gives them the lives they deserve. Call or contact us online today for a free initial consultation.