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How is child support calculated in South Carolina Family Courts?

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In South Carolina Family Court, child support is calculated using the South Carolina Child Support Guidelines (Guidelines), which are promulgated by the Department of Social Services S.C. Code Ann. § 63-17-470, S.C. Code Ann. § 43-5-580.

There is a rebuttable presumption that the child support award resulting from the application of these Guidelines is the correct amount to be awarded S.C. Code Ann. § 63-17-470. However, the family court retains discretion when making the final award and may deviate from the Guidelines if their application in a particular case would be unjust or inappropriate S.C. Code Ann. § 63-17-470, Woodall v. Woodall, 322 S.C. 7.

Primary Income and Calculation Methodology

The Guidelines calculate child support based primarily on the incomes of both parents Woodall v. Woodall, 322 S.C. 7.

  • Definition of Income: Income is defined as the actual gross income of the parent if employed to full capacity, or potential income if the parent is unemployed or underemployed Engle v. Engle, 343 S.C. 444, Arnal v. Arnal, 363 S.C. 268.
  • Imputing Potential Income: If a court finds that a parent is voluntarily unemployed or underemployed, it calculates support by determining and imputing potential income Engle v. Engle, 343 S.C. 444, Arnal v. Arnal, 363 S.C. 268. The court determines this potential earning level based on the parent's recent work history, occupational qualifications, and the prevailing job opportunities and earning levels in the community Engle v. Engle, 343 S.C. 444. However, when calculating potential income, the court may consider the presence of young or handicapped children whose care necessitates the parent's inability to work Woodall v. Woodall, 322 S.C. 7.
  • Total Obligation and Proportional Division: The court determines the "total child support obligation" by adding the basic child support obligation, the portion of health insurance premiums covering the children, and work-related child care costs 114-4720. Determination of Child Support Awards.. This total obligation is divided between the parents in proportion to their respective shares of their combined adjusted gross income 114-4720. Determination of Child Support Awards.. The Guidelines presume that the parent to whom support is owed will spend their share directly on the child, though adjustments are provided for joint or split custody arrangements 114-4720. Determination of Child Support Awards..

Secondary authorities suggest that the calculation specifically incorporates the number of children at issue, which parent has custody, the number of overnights spent with each parent, and external support obligations (such as custody of other children in the home, court-ordered support for other children, or alimony paid in the action) .

Income Thresholds and Special Determinations

The Guidelines provide calculated child support amounts for combined parental gross incomes up to $40,000 per month ($480,000 per year) 114-4710. Use of the Guidelines.. Calculations outside this range are handled as follows:

  • High-Income Cases: Where the parents' combined gross income exceeds $40,000 per month, courts must determine child support awards on a case-by-case basis 114-4710. Use of the Guidelines..
  • Low-Income Cases: Where the parents' combined monthly gross income is less than $750.00, the court makes a case-by-case determination, which should ordinarily be set at no less than $100.00 per month 114-4710. Use of the Guidelines.. In these cases, the court must ensure the award does not jeopardize the obligor's ability to live at a minimum level of subsistence 114-4710. Use of the Guidelines..

Deviations from the Guidelines

While deviation is the exception rather than the rule, the court may vary the child support amount based on specific statutory factors 114-4710. Use of the Guidelines.. If the court orders an award that varies significantly from the Guidelines, it must make specific, written findings stating the amount required under the Guidelines and the justification for the variance S.C. Code Ann. § 63-17-470, 114-4710. Use of the Guidelines.. The factors the court may consider for deviation include:

  1. Educational expenses for the children or spouse (including private, parochial, trade, secondary, or post-secondary school tuition) S.C. Code Ann. § 63-17-470, 114-4710. Use of the Guidelines..
  2. Equitable distribution of property S.C. Code Ann. § 63-17-470, 114-4710. Use of the Guidelines..
  3. Consumer debts S.C. Code Ann. § 63-17-470, 114-4710. Use of the Guidelines..
  4. Families with more than six children S.C. Code Ann. § 63-17-470, 114-4710. Use of the Guidelines..
  5. Unreimbursed extraordinary medical or dental expenses for either parent, or extraordinary travel expenses for court-ordered visitation S.C. Code Ann. § 63-17-470, 114-4710. Use of the Guidelines..
  6. Mandatory deductions for retirement pensions and union fees S.C. Code Ann. § 63-17-470, 114-4710. Use of the Guidelines..
  7. Support obligations for other dependents or non-court-ordered child support, and child-related unreimbursed extraordinary medical expenses S.C. Code Ann. § 63-17-470, 114-4710. Use of the Guidelines..
  8. Monthly fixed payments imposed by a court or operation of law S.C. Code Ann. § 63-17-470, 114-4710. Use of the Guidelines..
  9. Significant available income of the children S.C. Code Ann. § 63-17-470, 114-4710. Use of the Guidelines..
  10. Substantial disparity of the parents' incomes S.C. Code Ann. § 63-17-470, 114-4710. Use of the Guidelines..
  11. Alimony (including lump sum, rehabilitative, or reimbursement alimony) S.C. Code Ann. § 63-17-470, 114-4710. Use of the Guidelines..
  12. Agreements reached between the parties, provided both parties are represented by counsel, or the court thoroughly examines an unrepresented party to ensure they fully understand the agreement S.C. Code Ann. § 63-17-470, 114-4710. Use of the Guidelines.. The court maintains an independent duty to ensure the agreed amount is reasonable and in the child's best interest S.C. Code Ann. § 63-17-470.

Qualifications and Limitations

Child support orders generally run until the child turns 18, marries, or becomes self-supporting, whichever occurs first S.C. Code Ann. § 63-3-530. However, support may extend past age 18 if the child is still enrolled in and attending high school (not to exceed high school graduation or the end of the school year after the child turns 19, whichever is later), if there is a preexisting agreement to provide support past 18, or at the court's discretion if the child has physical or mental disabilities or other exceptional circumstances S.C. Code Ann. § 63-3-530. Furthermore, applying these Guidelines to an existing child support order does not, on its own, constitute a change in circumstances to justify a modification, except in Title IV-D cases S.C. Code Ann. § 63-17-470.

South Carolina Family Court calculates child support using a proportional income sharing model established by regulatory Guidelines, which creates a rebuttable presumption of the correct support amount. The court evaluates the gross or potential income of both parents, calculates a proportional share of the basic support obligation combined with health insurance and childcare costs, and retains the authority to deviate from this formula under specified exceptional circumstances or statutory factors.

At Seibert Law and Mediation, we believe families thrive when they are empowered to build solutions, not forced into conflict. If you’re facing a difficult chapter, we’re here to help you move forward with clarity, compassion, and dignity. The most important step you can take is to speak with an experienced family court attorney immediately.

Divorces, Separate Maintenance and Support, and custody and visitation matters in South Carolina can be highly technical, and small factual details often make the biggest difference. If you or someone in your family is faced with family court, don’t assume the case is open-and-shut. At Seibert Law and Mediation, we examine every angle to fight for the best possible outcome.

Contact Seibert Law and Mediation for a confidential consultation. If you need help, reach out to speak to us at (843) 554-0686 or via text at (843) 594-2101. Your defense starts today with understanding how your case begins. You don’t have to face a family court matter alone.

Seibert Law and Mediation serves lowcountry South Carolina in: Charleston, Johns Island, West Ashley, James Island, Daniel Island, Mount Pleasant, Summerville, Goose Creek, Moncks Corner, and surrounding communities as well as upstate South Carolina in Spartanburg and Greenville, and surrounding communities.