(150+)Are you a parent who is going through or has already gone through a divorce or separation? If you share joint custody—which the majority of separated parents do in South Carolina—you will need to figure out child support. This raises an important question: If you have joint custody, who pays child support? The answer depends on some case-specific factors, including each party’s parenting time and each party’s income. Within this blog post, our Greenville child support attorney provides a comprehensive overview of the key things to know about how joint custody impacts child support payments in South Carolina.
Joint Custody Child Support: Understanding the Basics to South Carolina Law
In South Carolina, parents have a basic responsibility to provide financial support for their children.
After a divorce or separation, one parent may be required to pay child support to the other—even if there is joint custody in place. Here are the two main factors that impact child support when joint custody has been awarded:
- Parenting Time: Parenting time—which is often referred to as physical custody—plays a central role in determining child support in South Carolina. The term describes the actual amount of time a child spends with each parent. Under South Carolina law, the distribution of parenting time can have a big impact on the calculation of child support payments. The state uses a guideline that adjusts the child support amount based on the proportion of overnight stays the child has with each parent. For instance, if one parent has substantially more overnight visits with the child, this can decrease the amount of child support they are required to pay. The South Carolina Department of Social Services notes that if each parent has at least 109 overnights during a year, they have joint physical custody.
- Parental Income: Parental income is the other significant factor that influences child support calculations in South Carolina. All forms of income are considered when assessing child support obligations, including wages, salaries, bonuses, and commissions. South Carolina has comprehensive child support guidelines in place to calculate the amount owed. Both parent’s income is considered when applying the guidelines. The guidelines are designed to account for the financial ability of each parent to contribute to the needs of their children.
An Overview of Common Joint Custody Scenarios and Child Support
To better understand how joint custody can impact child support in South Carolina, it is useful to consider some common examples:
- Equal Parenting Time, Equal Income: When both parents share relatively equal parenting time and have similar income levels, child support payments are typically minimized. There may be no child support awarded at all. Although, in some cases, there may be a small amount of child support paid to address the differential costs of raising the child in two homes. The purpose is to ensure that neither parent bears a disproportionate burden.
- Equal Income, Unequal Parenting Time: In cases where parents earn the same but do not share equal parenting time, the parent with less parenting time generally pays more in child support. The payment compensates for the greater share of daily expenses and responsibilities borne by the custodial parent.
- Equal Parenting Time, Unequal Income: When parents have equal parenting time but different incomes, the higher-earning parent will typically pay more in child support to equalize the financial contributions towards the child’s needs. Child support may be structured to support the child’s well-being and cover certain costs that might be incurred in the lower-income parent’s home.
Ultimately, child support is always calculated on a case-by-case basis in South Carolina. Our Greenville, SC child support lawyer can review your case and protect your financial interests.
A Court Can Deviate from the Child Support Guidelines When Warranted By Circumstances
In South Carolina, the state’s child support guidelines are presumed to be appropriate for any given case. With that being said, a court can deviate from the child support guidelines when deemed warranted by the specific situation. The flexibility allows for consideration of factors that may not be properly accounted for by the guidelines. Here are the most common reasons why child support guidelines are deviated from in South Carolina:
- The child has unusually high medical needs (medical expenses);
- The child needs additional educational support (special education); and
- A parent’s income does not reflect his or her true financial resources.
The Best Interests of the Child are the Top Priority in South Carolina
South Carolina is a “best interests of the child state” (South Carolina Code § 63-15-240). Ultimately, a child’s best interest is always the top priority in all custody and visitation cases. Parents are often awarded some form of joint custody—at least joint legal custody—because it is deemed inherently better for children to have an active, positive, ongoing relationship with both parents. With that being said, a parent can be granted sole legal custody and sole physical custody if that arrangement is determined to be in the best interests of the child.
Angela Elliott Frazier is a Fighter for Parents in South Carolina
As a parent, going through any type of child support case is challenging. For those who have joint custody, it can be difficult to even know who is supposed to pay. Our founding attorney Angela Elliott Frazier is a South Carolina family lawyer who you can rely on. A mother and a devoted advocate for clients, Attorney Frazier is committed to providing personalized representation. Your parental rights matter. During complex cases, you need a fighter by your side.
Contact Our South Carolina Child Support Attorney for Immediate Help
At Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC, our South Carolina family law attorney has extensive experience handling complex child support cases. If you have any questions or concerns about joint custody and child support, we are more than happy to help.
Contact us today for a confidential initial appointment with a lawyer. With an office in Greenville, we handle child support cases throughout the wider region.
