Child Support

This is largely controlled by charts with five major inputs: each parent’s gross monthly income, number of children, monthly medical insurance cost and childcare cost. IT MAY BE ORDERED PAID THROUGH THE COURT WITH A 5% SERVICE CHARGE.

The Court of Appeals held that the child support guidelines do not set a maximum amount of support that may be awarded under the guidelines and that cases wherein the parents’ income exceeds the highest amount contemplated by the guidelines are to be decided on a case-by-case basis. McElveen v. McElveen, 506 S.C. 1, 332 S.E.2d 583 (Ct. App. 1999).

Deviation from the Guidelines should be the exception rather than the rule.

Sexton v Sexton, 491, 469 S.E.2d 608. 611 (Ct App. 1996). When the Court orders a child support award that varies significantly from the amount resulting from the application of the [G]uidelines, the Court shall make specific, written finding of those facts upon which it bases its conclusion supporting that award. 27 S.C. Code Ann. Regs. 114-4710 (Supp. 1999). A List of possible reasons for deviation from the Guidelines is provided by statute. See S.C. Code Ann. § 20-7-852 (1976 As Amended).

The Family Courts of this state have authority to order reimbursement of child support expenses. See. LaFitte v. LaFitte 313 S.E.2d 41 (Ct. App. 1984) (remanding issues of reimbursement of past college expenses and payment of further college expenses). The question of child support is largely within the discretion of the trial judge whose decision will not be disturbed on appeal unless an abuse of discretion is shown. Hallums v. Hallums, 371 S.E.2d 525 (1988).

Extrapolation. This term is used to describe the method by which the calculations for child support awards at the maximum income level are extended in corresponding fashion to the income above the maximum. For example, for one child, the combined basic monthly obligation is $1,200.00 for combined monthly gross income of $12,450.00, and $1,203.00 for monthly income of $12,500.00 (the maximum). At this level then, for every additional $50 of income the support obligation increases by $3.00. For two or three children the obligation increases by $5.00 for every $50.00 of income, for four and five children it is $6.00 for every $50.00, and for six children it increases to $7.00 for every $50.00 of income. Again, using a combined monthly income of:

$17,500.00, the calculation would be as follows:

$17,500.00 - $12,500.00 = $5,000.00 excess income
# of children, 1= $3.00 for every $50.00 of excess income
$5,000.00 divided by $50.00 = 100
100 times $3.00 = $300.00
$1,203.00 plus $300.00 = $1,503.00

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem.