College related child care is not work-related child care for the purpose of setting child support

Posted Thursday, June 25th, 2020 by Gregory Forman
Filed under Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

There are a number of South Carolina family court opinions that are of narrow relevance but of significant importance when relevant. Such cases tend to have a holding on a very small issue but on an issue that recurs frequently. Woodall v. Woodall, 322 S.C. 7, 471 S.E.2d 154 (1996) is one such case.

S.C. Code Regs. § 114-4720(H) (part of South Carolina’s child support regulations) reads, “The cost of day care the parent incurs due to employment or the search for employment, net of the federal income tax credit for such day care, is to be added to the basic obligation.” Aggressive custodial parents who attend college will often try to argue that child care costs incurred so that parent can attend college should be factored into child support pursuant to this subsection. Woodall explicitly rejects this argument, holding,“[b]ecause Wife was a full-time student, her child care costs were not ‘work related’.”

This holding of Woodall is narrow but any attorney defending a child support claim against a college-attending parent best know it.

One thought on College related child care is not work-related child care for the purpose of setting child support

  1. This is informative and relevant to the times.

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