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Manutención de menores
Basic information
What is a child support order and who can file for one?
A child support order is a legal document that establishes how much the non-custodial parent will pay for his/her share of the child’s expenses. This order also includes when and how the payments should be made as well as who’s responsible for health care coverage.1
Usually, the custodial parent is the one who files for child support from the non-custodial parent. However, if paternity hasn’t been established, that must be done first. Once paternity has been established, the judge should establish a child support order.2 For more information, see How is paternity established in South Carolina?
1 Establishing or Modifying a Child Support Order, South Carolina Department of Social Services
2 S.C. Code § 63-17-70(A)(1)(b)
When does the biological father’s child support obligation start?
According to South Carolina law, the biological father’s responsibility starts at conception. In addition to any child support ordered, the biological father could be ordered to pay 50% of the mother’s pregnancy expenses, including half of her health insurance premium not covered by her employer or by a governmental program. Note: This amount can be included as part of the child support.1
If the father claims not to be the father (contests paternity) but is later proven to be the father by a DNA test, the duty to support may be applied retroactively to the time the child was conceived.2 Although rare, retroactive support could also be ordered in other situations, depending on the circumstances.3
1 S.C. Code § 63-17-325(A)
2 S.C. Code § 63-17-325(C)
3 See McSwain v. Holmes, 269 S.C. 293 (1977)
The application process
Where can I file for child support?
In South Carolina, you can file for support in family court in the county where the other parent lives. If you prefer, or if the other parent lives in another state, you can apply through your area’s Department of Social Services child support division.1
How soon after I file can I get support?
The judge can issue a temporary child support order while an administrative or judicial case to determine paternity is pending, if:
- the alleged father has signed a verified voluntary acknowledgment of paternity;
- it has been legally determined that the alleged father is the parent; or
- there is other clear and convincing evidence that the alleged father is the child’s parent.1
1 S.C. Code § 63-17-330
How much does it cost to file for child support?
The costs associated with filing for a child support order will depend on whether you file with DSS or in court:
- South Carolina Department of Social Services (DSS) – If your child lives with you, you can apply for child support for free. You can apply online through their portal. Note: There is a $35.00 fee per year if you have never received public assistance (AFDC/TANF). Once you collect at least $500.00 in child support, this fee will be charged.1
- Court system - You will have to pay a $150.00 filing fee. Motions may have additional fees associated with them.2
1 Frequently Asked Questions, South Carolina Department of Social Services (2024)
2 South Carolina Judicial Branch
The amount and duration of child support
How is the amount of child support decided?
Child support will be established using the state’s guidelines. These guidelines consider the income of both parents.1 They are based on the concept that children should receive the same proportion of their parent’s income as they would have if they still lived together. Other factors that are also considered are each parent’s education, expenses, and assets, and the facts and circumstances of the case.2
If a judge decides to order a different amount than what the guidelines suggest, s/he should include the reasoning behind it.
Aside from the basic child support obligation, the order can include other expenses like health insurance, child care, and extraordinary medical costs.3
The Department of Social Services has an online calculator that could help you estimate how much child support may be ordered in your case.
1 Establishing or Modifying a Child Support Order, South Carolina Department of Social Services (2024)
2 Mitchell v. Mitchell, 283 S.C. 87, 320 S.E.2d 706 (1984)
3 See the South Carolina Child Support Guidelines, 2024 edition
For how long are child support payments made? Until my child reaches what age?
In South Carolina, child support payments continue until the child turns 18. However, payments can end before 18 if the child gets married or can support him/herself, whichever happens first. There are some exceptions, however:
- If the child is older than 18 but still in high school, the obligation to pay child support will continue until:
- graduation; or
- the end of the school year when the child turns 19, whichever is later;
- If there is an agreement or order to pay child support beyond age 18, payments will continue until the date decided upon; or
- If a judge believes there are physical or mental disabilities or other exceptional circumstances, the non-custodial parent can be required to continue paying support for as long as those disabilities or circumstances continue.1
Note: Even once the child turns 18 or one of the other conditions are met, the paying parent might have to petition the court for a dismissal order once s/he believes the child support obligation is over.2
1 S.C. Code § 63-3-530(A)(17)
2 Frequently Asked Questions, South Carolina Department of Social Services (2024)
After an order is in place
Can a child support order be changed?
Either parent can file to have the child support order changed (modified) if there are important (material) or substantial changes in circumstances. This can happen, for example, if there’s a change in the child’s needs or if either parent’s income changes. If you ask for the review, you will have to present evidence to convince the judge that the circumstances changed so much that the child support order should be modified. If the judge agrees, s/he will look at the same factors that were considered to establish the initial order.1
The South Carolina Department of Social Services (DSS) can change the child support order if you and the other parent agree. However, if one parent doesn’t agree with the child support change, DSS can present the case before a family court judge.2 If you are not receiving DSS services, you can look into that option or file in family court. You can see the child support modification packets on the South Carolina Courts website.
1 Miller v. Miller, 299 S.C. 307, 384 S.E.2d 715 (1989)
2 Establishing or Modifying a Child Support Order, South Carolina Department of Social Services (2024)
If the other parent fails to pay support, what can I do?
Both parents have a legal obligation to support their child. If the non-custodial parent is not making the child support payments ordered, you can file for enforcement at the South Carolina Department of Social Services (DSS) or in court.
A judge or DSS have different options to enforce the child support order, such as:
- taking it from the non-custodial parent’s wages, unemployment, worker’s compensation benefits, or income tax refunds; and
- revoking the non-custodial parent’s occupational, professional, or driver’s license.1
In some cases, there can even be jail time ordered for not complying with the order of the court.2
Note: If the other parent is not following the child support order, don’t wait too long to request that it be enforced. The South Carolina Supreme Court has established that it wouldn’t be fair to enforce an order that hasn’t been paid for a long time when the custodial parent was not diligent in requesting enforcement.3 In this specific court case, the parent waited more than 20 years to enforce the order but, it’s possible another court might rule similarly based on waiting a shorter period of time.
1 S.C. Code § 63-17-310; Frequently Asked Questions, South Carolina Department of Social Services
2 S.C. Code § 63-5-20
3 Hallums v. Hallums, 296 S.C. 195, 371 S.E.2d 525 (1988)
Where can I find additional information about child support?
If you need more information about child support, here are some resources that may be helpful:
- What You Need to Know About Child Support from the South Carolina Appleseed Legal Justice Center;
- Child Support Legal Information from the South Carolina Legal Services;
- South Carolina Child Support Information and Guidelines and Additional Resources from the South Carolina Department of Social Services; and
- South Carolina Child Support Calculator.
WomensLaw.org is not affiliated with any of the above websites. We provide the links for your information only.
