South Carolina Child Support Laws: Guidelines and Calculations

How to Apply for Child Support in South Carolina

The South Carolina Department of Social Services (DSS) administers child support through the Child Support Services Division. Parents can apply for services online or at a local DSS office.

To apply for services:

• Download the Custodial Parent's Application for Child Support Services
• Complete all sections of the application
• Submit to your local DSS office

Services provided by the Child Support Services Division:

• Locating non-custodial parents
• Establishing paternity
• Establishing support orders
• Enforcing existing support orders
• Reviewing and modifying support orders

The CSSD does not handle visitation or custody matters. Those issues must be addressed separately through Family Court.

If DSS does not receive communication or requested information from you, the agency may close your case. Stay in regular contact with your assigned caseworker.

How Is Paternity Established in South Carolina?

Under S.C. Code Section 63-17-10, if a child is born to a married couple, the husband is presumed to be the father. A child born to unmarried parents has no legal father until paternity is formally established.

Voluntary establishment:

• Sign the Acknowledgment of Paternity (AOP) form at the hospital after birth.
• Sign the AOP at a County Health Department office or the State Office of Vital Records (a small fee applies).

Involuntary establishment:

• Either parent petitions DSS or the court for genetic testing.
• DSS provides free paternity testing through the courts.

An unmarried father has no legal visitation or custody rights until paternity is established. If you are uncertain about paternity, do not sign the AOP at the hospital. Instead, enroll in the Responsible Father Registry, which protects your rights if the child is placed for adoption.

Apply for paternity services through DSS

How Is Child Support Calculated in South Carolina?

South Carolina uses the Income Shares Model to calculate child support. This model estimates the amount of money both parents would have spent on the child if they were still living together, then divides that obligation proportionally based on each parent's income.

The guidelines were updated on January 15, 2024, for the first time since 2014. The 2024 Child Support Guidelines include higher support obligations (roughly 25% more than the 2014 schedule), an expanded income range up to $40,000 per month in combined gross income, an increased self-support reserve of $1,010.50 per month, and a new extraordinary medical expenses provision.

Factors Used in the Calculation

The court considers the following when calculating support:

• Gross income of both parents. This includes wages, salaries, commissions, bonuses, self-employment earnings, and most other income sources. TANF, SSI, and food stamps are excluded.
• Number of children covered by the support order.
• Health insurance costs for the child. The parent providing health insurance may receive a credit toward their support obligation.
• Childcare expenses. Daycare and after-school care costs are divided between parents in proportion to their incomes.
• Alimony payments received or paid by either parent.
• Custody and visitation arrangements. The guidelines use Worksheet A for sole custody and Worksheet B for split or shared custody.
• Extraordinary medical expenses. Under the 2024 guidelines, recurring medical expenses (such as therapy, prescriptions, or specialized treatments) can now be incorporated into the monthly support calculation rather than handled through reimbursement.

The guidelines assume the custodial parent will pay up to $250 per year per child in unreimbursed medical expenses. Costs above that threshold may be shared between parents.

Using the Child Support Calculator

South Carolina provides an online child support calculator to help parents estimate their potential obligation. The calculator is for informational purposes only and is not legally binding. In all cases, the Family Court judge has final authority to set the support amount.

Important income thresholds:

• Combined gross income below $750 per month. Support is determined on a case-by-case basis, and the self-support reserve applies to protect the paying parent's basic living expenses.
• Combined gross income above $40,000 per month. The court uses its discretion to set support because the guidelines schedule does not cover incomes above this level.
• Minimum support amount. Courts typically will not set child support at less than $100 per month.

Imputed Income for Unemployed or Underemployed Parents

If a parent is voluntarily unemployed or underemployed, the court will impute income based on that parent's earning capacity. Under S.C. Code Regulation 114-4720, the court considers the parent's employment history, job skills, educational background, age, health, criminal record, local job market conditions, and prevailing wages in the community.

This prevents a parent from reducing their support obligation by choosing not to work or choosing lower-paying employment.

How to Modify Child Support in South Carolina

South Carolina allows parents to request modification when there has been a substantial change in circumstances since the original order was entered.

Two ways to request modification:

• Administrative review through DSS. Contact the Child Support Services office handling your case at 1-800-768-5858 or submit a written request by certified mail. This process typically takes around 6 months.
• Judicial petition through Family Court. File a petition with the court (with or without an attorney). The South Carolina Judicial Branch provides self-represented litigant packets for parents seeking modification. This process typically takes 2 to 4 months.

Valid grounds for modification include:

• Significant change in either parent's income (involuntary job loss, reduced hours, disability)
• Change in custody or visitation arrangements
• Change in the child's needs (medical, educational, or other)
• Change in childcare expenses
• Addition of other children to support
• The existing order no longer reflects the current guidelines (particularly relevant after the January 2024 update)

Parents can also agree to a modification and sign a consent order to avoid the formal court or DSS process. Parents pursuing the judicial route may need to pay a $150 filing fee.

What Happens If You Do Not Pay Child Support in South Carolina?

The Child Support Services Division and South Carolina courts have multiple enforcement tools to collect unpaid child support under S.C. Code Title 63, Chapter 17.

Administrative enforcement actions:

• Income withholding. Automatic deduction from wages and other income sources.
• State and federal tax offset. Interception of tax refunds to pay arrears.
• Unemployment benefits intercept. Garnishment from unemployment insurance payments.
• License suspension. Driver's, professional, business, or occupational licenses may be suspended for arrears exceeding $500.
• Financial institution lien. Bank accounts can be levied for arrears exceeding $1,000.
• Insurance lien. Life insurance, workers' compensation, and other insurance proceeds may be seized for arrears exceeding $1,000.
• Passport denial. The U.S. State Department can deny passport applications or renewals.
• Credit bureau reporting. Past-due support is reported to credit agencies, affecting your credit score.

Rule to Show Cause Hearings

When a parent falls behind on support, the court may issue a rule to show cause order. This requires the non-paying parent to appear in court and explain why they have not met their obligation.

What happens at the hearing:

• The judge hears from both parties.
• If the parent cannot provide a valid reason for non-payment, the judge may order any combination of enforcement actions.
• Penalties can include fines up to $1,500, imprisonment for up to one year, or both.
• Before sentencing a parent to jail, the court must determine whether the parent had the ability to pay. If the parent is unemployed, disabled, or unable to work, the court cannot jail them for non-payment.
• If the parent demonstrates a valid excuse, the judge may order a payment plan or modification of the existing order.

Failure to appear for a rule to show cause hearing will result in a bench warrant, making the parent subject to arrest at any time.

Pending Legislation: Alimony Enforcement Through DSS

House Bill 3009, introduced in January 2025, would authorize the DSS Child Support Enforcement Division to also enforce alimony obligations. If passed, enforcement tools currently available for child support (income withholding, tax intercepts, license suspension) would extend to alimony cases referred by Family Court to DSS.

When Does Child Support End in South Carolina?

Under South Carolina law, child support continues until the child turns 18 years old or graduates from high school, whichever occurs later. If the child is still attending high school at age 18, support continues until graduation or the end of the school year in which the child turns 19.

Extended Support for Disabled Children

Support may continue indefinitely if the child has a physical or mental disability that prevents them from becoming self-supporting. The court evaluates the nature and severity of the disability when deciding whether to extend the obligation.

College Tuition and Support

South Carolina courts cannot order a parent to pay child support beyond high school graduation for college or university expenses. However, parents may voluntarily create a legally binding agreement to share college costs.

A valid agreement for college support must include:

• A clear offer and acceptance by both parents
• Mutual intention to be bound by the agreement
• Sufficient consideration (something of value exchanged)
• Capacity of both parties to enter the agreement
• Witness signatures, preferably from an attorney or notary public

Without such an agreement, a parent has no legal obligation to pay for a child's higher education in South Carolina.

Emancipation

South Carolina does not have a formal statutory emancipation process for minors. However, a child may be considered emancipated (ending the support obligation) through:

• Marriage
• Joining the U.S. military
• Court determination that the child is self-supporting and living independently

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• South Carolina Sexting Laws
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