Posts Tagged ‘Child Support’

Court of Appeals affirms an unusual and detailed custody arrangement

The May 8, 2019 Court of Appeals opinion in Klein v. Barrett, 427 S.C. 74 828 S.E.2d 773 (Ct. App. 2019), finds the Court of Appeals affirming a very detailed and highly unusual custody arrangement. Kline involved a custody modification brought by (Ex-)Wife. At the time of the parties’ 2010 divorce, (Ex-)Husband had primary custody […]

Stoney 2 (or 4) largely follows the original Stoney opinion

The long strange journey of the Stoney appeal took another step on August 29, 2018 when the Court of Appeals issued its remanded opinion in Stoney v. Stoney, 425 S.C. 47, 819 S.E.2d 201 (Ct. App. 2018). Told by the Supreme Court to review the case on a de novo standard of review, and then told by […]

Should side jobs lead to increased support obligations?

One of the many fundamental unfairnesses in South Carolina’s child support system is that a payor’s increased income almost universally leads to an increase in child support while any decrease in the payor’s income requires the payor to prove he or she (generally he) isn’t underemployed or didn’t suffer the decrease in income due to […]

Court of Appeals refuses to apply lump sum social security disability auxiliary benefits to pre disability child support arrearage

In the January 17, 2018, opinion in Scott v. Scott, 422 S.C. 154, 810 S.E.2d 439 (Ct. App. 2018), the Court of Appeals refused to apply lump sum social security disability auxiliary benefits to a pre-disability child support arrearage. In Scott, Father had a child support arrearage when he became disabled. He petitioned for, and obtained, […]

Should student loan payments be a factor in setting child support?

It has always struck me as fundamentally unfair that student loan payments–especially interest on those payments–are not deductible from income for income tax purposes. Borrow $200,000 for business equipment and there’s no argument that the principal and interest on that loan is deductible from income. Borrow $200,000 to obtain a law degree (as many of […]

Where should one enforce a support order when the obligor resides elsewhere?

A common dilemna in family law is enforcing a support order when the obligor no longer resides in the issuing state. There are two reasonable ways of resolving the matter. One option is to enforce the order in the issuing state and, if necessary, register the resulting enforcement order in the obligor’s state of residence. […]

The problems in splitting children’s expenses based upon undefined “pro rata income shares”

I have recently encountered a number of court-approved child support agreements in which child-related expenses are divided upon undefined “pro rata [Latin for “in proportion”] income shares.” Often these agreements were negotiated or drafted by experienced family law attorneys. While the intent is well meaning, the language causes serious problems. Without knowing how “pro rata” […]

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 […]

 

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