Archive for the ‘Child Support’ Category

After eight years South Carolina finally updates its child support guidelines

On July 1, 2014 South Carolina’s new child support guidelines went into effect. The updated guidelines can be downloaded here. It is the first revision to these guidelines since 2006. There are four primary changes from the previous guidelines. The first change is to the child support tables. These tables now go up to incomes […]

South Carolina takes small step toward insuring due process in child support collection

On February 28, 2014 the South Carolina Supreme Court promulgated the use of the following new form, SCCA 430S, which can be downloaded here, for use in child support collection proceedings. This form is designed to provide a sworn one-page summary of the obligor’s current income, assets and monthly debts, and information regarding other biological […]

When seeking to modify child support, it’s imperative to file and serve a complaint

In most areas of family law practice negotiating before filing a contested action can reduce the stress and expense of litigation.  However, when one is trying to modify child support, it is imperative to file and serve the action as soon as possible. The reason is S.C. Code § 63-17-310, which reads: The family court […]

United States Supreme Court reverses on South Carolina Indian Adoption case

In a highly anticipated case that generated much local notoriety, and in which some of my friends and colleagues participated, the United States Supreme Court reversed the South Carolina Supreme Court in the case of Adoptive Couple v. Baby Girl, 133 S.Ct. 2552 (2013), and “remand[ed] the case for further proceedings not inconsistent with this opinion.” This […]

Hawkins affirms denial of child support reduction to downsized, underemployed father

The April 17, 2013 Court of Appeals opinion in Hawkins v. Hawkins, 403 S.C. 228, 742 S.E.2d 677 (Ct. App. 2013) demonstrates the continued reluctance of the family courts to reduce child support obligations for downsized non-custodial parents. In Hawkins, the parties’ divorce decree specifically allowed child support to be recalculated pursuant to the South Carolina Child Support […]

Lewis affirms child custody but remands child support based on improper imputation of husbands’s income

The November 14, 2012 Court of Appeals opinion in Lewis v. Lewis, 400 S.C. 354, 734 S.E.2d 322 (Ct. App. 2012), provides some guidance on imputing income to unemployed spouses and parents and deciding whether to award joint custody. In Lewis, the family court denied Husband’s request for joint custody and imputed monthly income to him of […]

Improper computation of rental income causes Court of Appeals to remand child support determination

South Carolina attorney Brian A. DiMarco must really love our appellate courts in August because for the second straight August he has obtained a published victory in his own domestic litigation.  The August 15, 2012 Court of Appeals opinion in DiMarco v. DiMarco, 399 S.C. 295, 731 S.E.2d 617 (Ct. App. 2012), partially reversed and remanded the […]

Are you paying too much in weekly support?

When translating support from a monthly payment amount to a weekly payment amount, family court attorneys and judges divide the weekly amount by 4 1/3.  That is based on 52 weeks in 12 months and 52 divided by 12 is 4 1/3. However this math isn’t entirely accurate.  First of all there are 365 days […]