Live so that when your children think of fairness, caring, and integrity, they think of you – H. Jackson Brown, Jr.

The General Assembly, through Act 195 of 1989, provides that the courts must apply the child support guidelines in determining the amount of child support expected to be paid toward a dependent child’s support (Section 43-5-580(b) and 20-7-852(a) of the South Carolina Code of Laws, 1976, as Amended).

Child Support Guidelines

In any proceeding for the award of child support. There is a rebuttable presumption that the amount of the award that would result from the application of the South Carolina child support guidelines is the correct amount of child support to be awarded. A different amount may be awarded IF. It can be shown that applying the child support guidelines would be unjust or inappropriate. In the event that the court orders a child support award. That varies significantly from the amount resulting from the application of the guidelines. The court shall make specific, written findings of those facts upon which it bases its conclusion supporting that award. Findings that rebut the guidelines must state the amount of support that would have been required under the guidelines and include a justification of why the order varies from the guidelines.

Child Support Calculator

As referenced in an earlier blog post, the Child Support Calculator is a helpful tool for applying child support guidelines. Gross income is used in the calculations. However, it is important to note that certain types of “income” are excluded by the guidelines from being considered gross income.

For example, for purposes of calculating gross income regarding child support. The calculation does not include the Supplemental Security Income (SSI).  In other words, if you receive SSI, that amount is not included in the gross income in the calculations regarding your child support obligation or entitlement.  For further information regarding SSI, check out the following link:  http://www.ssa.gov/ssi/

The child support guidelines enumerate several other exclusions from gross income. The full text of the South Carolina Child Support Guidelines is available at the following link:  http://www.state.sc.us/dss/csed/forms/2006guidelines.pdf.

Schedule an appointment with us today to learn how we can help you through this process: 864-804-6330