Sumter Child Support Lawyer

Sumter Child Support Attorney

Child support is intended to create an arrangement in which children of divorced or seperated parents are financially supported within their new family dynamic. Most child support arrangements are monthly payments made from the higher-earning parent to the lower-earning parent.

These funds should cover a child’s basic necessities, like housing and food. To secure the most favorable child support arrangement possible, hiring a Sumter child support lawyer is essential.

At Kinney Law Firm, we understand how important it is to ensure that your child’s needs are met through a fair child support arrangement. This is why we dedicate our services to advocate for your rights as a parent and fight for the arrangement you’re looking for. Connect with us today to give your case the level of professionalism and attention it deserves.

Common Child Support Disputes in Sumter

Child support disputes in Sumter, SC can be extremely complicated. The longer these disputes go on, the more of an impact they can have on the well-being of a child or the financial stability of each parent involved.

Some of the most common child support disputes include:

Calculating Income

It’s important to determine each parent’s income as accurately as possible to decide what a fair child support amount should be. Sometimes, identifying an accurate estimate of a parent’s income is challenging, especially when one parent has non-traditional income sources like freelancing or working a job that has unpredictable bonuses. Other instances of unreported income, like tips or cash payments, can also make it difficult to get a true estimate.

Imputed Income

Sometimes, one parent is accused of manipulating their income by deliberately being underemployed to lower how much they would have to pay for child support. To combat this unethical behavior, the court can “impute” income based on how much they believe the parent is able to reasonably make on their own. This assessment is made by looking at what qualifications the parent has, including their work history and the local conditions of the job market.

Making Modifications to an Existing Order

Sometimes, the circumstances of a family unit change, which makes an original child support arrangement more difficult to comply with. One parent might make a request to modify the order to lower their monthly payments. This could cause a dispute with the other parent, who feels they would financially suffer if the payments were lowered. Before this request can be satisfied, the parent requesting the change would need to provide evidence of the change, such as a demotion at work.

Non-Payment

When a parent fails to keep up with their monthly child support payments, it can cause significant financial strain on the other parent and child they are supporting. When this happens, bringing the non-payment to the attention of the court could trigger them to collect the funds through an alternative method. This could be through wage garnishment, seizure of their tax refunds, or even contempt of court proceedings.

Duration of Support

In most child support cases, payments will end when the child reaches the age of 18. However, there are some conditions that could extend payments into the child’s twenties. For example, the court may choose to extend the payments until the child graduates from college to help support their education goals.

Payments could also be extended for medical treatments if a child has special needs. If there are any disagreements over the payment length, state laws and court orders may need to be reinterpreted.

Visitation and Custody Impact

Child support amounts are often influenced by the conditions of a child custody arrangement and how much time each parent spends with the child. A common dispute that surfaces is when one parent feels like the arrangement is being manipulated to influence how much child support is owed. For example, one parent might seek extra visitation time to reduce their child support obligation.

FAQs

What Is the Average Child Support Payment in South Carolina?

Child support payments in South Carolina are determined based on each parent’s income and how many children they had together. The state will use a specific formula to calculate an exact amount based on gross incomes, health insurance costs, childcare expenses, and other custodial needs. To ensure that the fairest payment arrangement is created, hire a family law attorney to supervise the entire decision-making process.

Can I Sue for Back Child Support in South Carolina?

If a parent has failed to keep up with their monthly child support payments, you have the right to sue for back child support in South Carolina. To do this, the custodial parent will need to file an official motion for contempt in family court to request that they enforce the child support order. At this point, the court will find the most appropriate way to collect the funds, like taking it out of the non-compliant individual’s paychecks or seizing specific assets.

Can You Go to Jail for Not Paying Child Support in South Carolina?

Yes, anyone who fails to pay court-ordered child support in South Carolina faces the risk of going to jail as a consequence. This punishment is typically only reserved for the most serious child support violations, like refusing to ever pay rather than being behind. In most cases, the court will try to find other ways to collect the money rather than imprisoning the individual. If you are struggling to fulfill your payments, seek a court-ordered modification to the original agreement.

Can Child Support Arrears Be Forgiven in South Carolina?

Yes, there is the potential for child support arrears to be forgiven in South Carolina. Otherwise known as past-due child support, the court views these missed payments as a violation of a child’s rights. However, the custodial parent does have the ability to waive a portion of the arrears with court approval. The state could also negotiate a settlement with the delinquent parent to help provide some funds to the parent in need.

Contact Kinney Law Firm Today

At Kinney Law Firm, our family law attorney understands the nuances of South Carolina family law. Whether you need to establish, modify, or enforce an active child support order, contact us today. We look forward to meeting and learning more about your needs.