Posts Tagged ‘Child Support’

Does the DSS child support worksheet miscalculate split custody child support?

After initially publishing this blog, Paul Lebarron, a staff attorney for DSS Child Support Enforcement and one of the authors of the guidelines, informed me that my calculations were off because my worksheet A calculations were not giving the parents credit for the child(ren) living the other parent’s home.  Conceptually I believe that credit is […]

Is it conscionable for private attorneys to bring child support establishment actions in South Carolina?

Recognizing that the title of this blog is provocative, I still rarely represent mothers seeking to establish child support and actively discourage most mothers from retaining me to do so. Given the preferential treatment such mothers receive when bringing these actions through the Department of Social Services (DSS), it is rare that I can honestly […]

Obtaining reimbursement of uncovered medical bills

South Carolina’s child support guidelines include a provision for payment of unreimbursed medical expenses for the children. Per these guidelines: The guidelines are based on the assumption that the parent to whom support is owed will be responsible for up to $250.00 per year per child in uninsured medical expenses. The Schedule of Basic Child […]

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 […]

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 […]