Child Support

Charleston Child Support Lawyer

Child Support Representation Across Charleston, Berkeley & Dorchester Counties

Child support cases shape a child’s financial stability for years. At Seibert Law Firm, we help parents in Charleston and across the Lowcountry establish fair support orders, pursue modifications when circumstances shift, and enforce orders when the other parent stops paying. Kevin M. Seibert, Esq. and Rebecca A. Seibert, Esq. are admitted to both the South Carolina and Georgia Bar Associations, giving our clients cross-jurisdictional family law representation.

We represent both sides of these matters. Whether you’re a custodial parent seeking support, a non-custodial parent contesting an unfair calculation, or a parent whose income or custody arrangement has changed, we can help you understand where you stand under current South Carolina guidelines before the court issues an order that’s difficult to undo.

Call Seibert Law Firm today at (843) 428-6360 or contact us online to schedule a consultation with our child support attorneys in Charleston.

What Child Support Covers in South Carolina

In South Carolina, both parents share a legal obligation to financially support their children regardless of marital status. Child support isn’t limited to basic living costs. A support order can address education, healthcare, housing, childcare, clothing, transportation, and routine daily expenses, allocating financial responsibility between both households based on each parent’s income and the time each parent spends with the child.

South Carolina child support matters are governed by state guidelines administered through the Department of Social Services. January 2024 brought the first guideline revision since 2014, increasing support amounts by approximately 25% across income levels. Parents operating under orders issued before 2024 may already meet the threshold for a modification review.

How South Carolina Calculates Child Support

South Carolina uses the Income Shares Model under S.C. Code Ann. § 63-17-470. The court combines both parents’ gross monthly incomes, locates the total support obligation in the DSS schedule, and allocates each parent’s share proportionally to their income. The premise is that the child should receive the same financial benefit they would have received if both parents remained in one household.

Several factors directly affect the calculation:

Gross Income of Both Parents: Wages, bonuses, commissions, self-employment net earnings, rental income, dividends, pensions, and most other income sources count. Supplemental Security Income (SSI) is excluded.
Number of Children: The total obligation increases with each additional child covered by the order.
Custody Arrangement and Overnight Schedule: The shared custody threshold is more than 109 overnights per year for the non-custodial parent. At that threshold, the court uses Worksheet C, which applies a 1.5 multiplier to account for duplicate household expenses. Fewer than 110 overnights means Worksheet A applies. Worksheet B is used when each parent holds physical custody of at least one child from the same family.
Health Insurance Premiums: The cost of insuring the child is factored into the calculation and allocated between parents based on income shares.
Work-Related Childcare Costs: Childcare expenses the custodial parent incurs in order to work are included in the support formula.
Extraordinary Medical Expenses: Under the 2024 guidelines, the first $250 per child per year is absorbed into the basic obligation. Costs above that threshold are divided proportionally between the parents.

The DSS online calculator can give a rough estimate, but the Family Court judge has final authority over the amount. If a parent is voluntarily unemployed or underemployed, the court can impute income based on earning potential. If self-employment income or cash income is being concealed, the court can examine full financial records to reach the correct figure. Parents can agree on a support amount, but Charleston County Family Court won’t approve any agreement that falls below the minimum guideline calculation.

Modifying & Enforcing Child Support Orders in Charleston

A child support order isn’t permanent. South Carolina allows modification when there has been a substantial change in circumstances since the last order. Common triggers include a significant shift in either parent’s income, a change in custody arrangement or the overnight schedule, or increased medical or educational needs. The 2024 guideline update has itself created grounds for review in many cases where orders predate the revision.

Seeking a Modification

If you need to modify an existing order, don’t stop making payments while waiting for the court to act. Continuing to pay in good faith while a modification petition is pending reduces your exposure to contempt proceedings. We help clients throughout Charleston, Berkeley, and Dorchester counties file modification petitions and build the financial record the court needs to evaluate a requested change.

Enforcing an Order When the Other Parent Stops Paying

When a co-parent stops paying, South Carolina enforcement tools include:

Income Withholding Orders: Support is deducted directly from the paying parent’s wages.
Contempt of Court Proceedings: A parent who willfully fails to pay can face fines or incarceration.
License Suspension: The state can suspend a non-paying parent’s driver’s license or professional licenses.
Tax Refund Intercept: Federal and state tax refunds can be redirected to satisfy arrears.

Parents owed unpaid support can pursue arrears through the DSS Child Support Services Division or through private counsel. DSS often carries a backlog; working with a private child support lawyer in Charleston can move enforcement forward more quickly than waiting on an administrative process.

When Child Support Terminates

In South Carolina, child support terminates when the child turns 18 or graduates from high school, whichever comes later. Support doesn’t extend past the conclusion of the school year in which the child turns 19, and it also ends upon other qualifying events such as emancipation or marriage. A court order is required to formally end the obligation.

Why Charleston Families Work with Seibert Law Firm

Child support cases carry real financial consequences, and errors in the initial calculation are hard to reverse once the court enters an order. We provide each client with a tailored plan built around their specific custody arrangement, income picture, and goals, whether that means establishing a new order, challenging a proposed amount, or seeking a modification in Family Court.

Kevin M. Seibert and Rebecca A. Seibert are admitted in both South Carolina and Georgia, which matters when a parent’s situation spans state lines or involves a neighboring jurisdiction. Our South Carolina family law practice covers the full range of related issues, including child custody matters that directly affect support calculations.

We offer competitive pricing and flexible payment options, including financing, cash, checks, and major credit cards, so that cost doesn’t become a barrier during an already difficult period.

Schedule a consultation with a Charleston child support attorney at Seibert Law Firm or call us at (843) 428-6360 to get started.

South Carolina’s Income Shares Model: A Closer Look

South Carolina’s child support guidelines use the Income Shares Model, which estimates what both parents would have spent on their children if the household had remained intact, then divides that obligation proportionally. Understanding how the model works in practice helps parents set realistic expectations before appearing in Charleston County Family Court.

The Three DSS Worksheets

The worksheet applied to a case depends entirely on the custody arrangement:

Worksheet A (Sole Physical Custody): Used when the non-custodial parent has 109 or fewer overnights per year. The non-custodial parent pays their proportional share of the total guideline obligation.
Worksheet B (Split Physical Custody): Used when each parent holds physical custody of at least one child from the same family. Each parent is treated as the non-custodial parent for the child or children in the other parent’s primary home, and the obligations offset each other.
Worksheet C (Shared Physical Custody): Used when the non-custodial parent has more than 109 overnights per year. A 1.5 multiplier is applied to the basic obligation before calculating each parent’s share, recognizing that both households carry duplicated fixed costs for the child. Parents with overnight counts near the lower end of the shared custody threshold may see a graduated calculation that transitions between Worksheet A and Worksheet C amounts.

What Counts as Gross Income

Gross income for guideline purposes is broadly defined. It includes wages, salaries, commissions, bonuses, overtime, severance pay, self-employment earnings (calculated as gross receipts minus ordinary and necessary business expenses), rental income, dividends, interest, pensions, Social Security benefits, and veterans benefits. Supplemental Security Income (SSI) is the primary exclusion. When self-employment income is at issue, the court can examine full financial records, including bank statements and tax returns, to arrive at an accurate figure.

The Self-Support Reserve & Deviation From Guidelines

The 2024 guidelines set the self-support reserve at $1,010.50 per month. When the paying parent’s net income after taxes falls below this threshold on the DSS schedule, the court applies the reserve adjustment rather than the standard formula, reflecting that a parent must retain enough income to meet their own basic needs.

Courts deviate from guideline amounts only in limited circumstances and must make written findings stating the nature and extent of the variation and the specific factual basis for it. Voluntary deviation below the minimum guideline calculation isn’t available by agreement alone; the Family Court judge must approve any departure.

What the DSS Calculator Can and Cannot Tell You

The DSS online child support calculator is a useful starting point for understanding the range of a likely obligation. It can’t account for deviations, imputed income, the full scope of extraordinary medical expenses, or contested financial records. The output is an estimate. The actual amount depends on the judge’s review of complete financial disclosure from both parents, the worksheet applicable to the specific custody arrangement, and any credible basis for deviation. Consulting a child support attorney in Charleston before finalizing any position in Family Court can give you a clearer picture of what the guidelines may produce in your circumstances.

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