Child Support Laws in South Carolina

When parents of minor children are divorced or separated, one of them will have to pay child support. Like all other states, South Carolina has child support guidelines that are meant to give courts a fair and consistent way to decide on the right amount of support payments.

The child support calculations are complicated. The state provides a calculator and other resources to help (more on that below). First, however, it's important to understand how the guidelines work, what information you'll need to get started, and when you might qualify for exceptions to the rules.

Who Pays Child Support in South Carolina?

Both parents, whether they're married or not, have a legal obligation to contribute to the support of their children. South Carolina law makes it clear that this obligation begins at conception. This means that unmarried fathers may be required to pay half of the mother's pregnancy-related expenses, as well as support for the child after birth. (S.C. Code § 63-17-325 (2025).)

When the parents are separated or divorced, the parent who doesn't have the kids most of the time (the "noncustodial parent") typically pays child support. But that doesn't mean custodial parents are off the hook. South Carolina's guidelines assume they meet their share of the support obligation by paying directly for the child's daily expenses, like housing, food, and clothing.

However, more divorced parents now have child custody arrangements that don't fit this traditional setup. The guidelines include special rules for calculating support when parents have shared or split custody (more on that below). In these cases, each parent's basic support obligation is calculated, and the one who owes more support pays the difference to the other parent.

How Child Support Is Calculated in South Carolina

South Carolina's child support guidelines use what's known as the "income shares model" to calculate support as the share of each parent's income that they would have spent on their children if they were all living together. This model is meant to make sure children will reap the benefit of both parents' earnings and that the total support obligation will be divided fairly, based on each parent's relative financial situation.

The guidelines include a table (or "schedule") showing the total, basic support obligation, depending on both parents' combined monthly income and the number of children they have. That total obligation will be divided between the parents in proportion to each one's percentage of their combined incomes. For example, if the noncustodial parent's income is 65% of their combined income, that parent would be responsible for 65% of the total support obligation (not counting the allowed adjustments and credits, as explained below).

How to Use South Carolina's Child Support Calculator

You can use South Carolina's official, online calculator to get an estimate of the amount of support you'll pay or receive. The accuracy of that estimate will depend on the accuracy of the information you enter on the calculator. Also, a judge could order a different amount in your case (known as a "deviation").

Below, we'll discuss the possible reasons for a deviation from the standard calculation, as well as the information that goes into the calculation. That way, you can be prepared to use the official calculator—and to argue for a deviation, if you believe that would be appropriate.

Before using the calculator, you'll need to gather information about:

• each parent's income
• your parenting schedule
• the cost of health insurance premiums for your children, and
• work-related childcare costs.

What Counts as Income When Calculating Child Support?

Start by adding up each parent's monthly gross income, which includes:

• salaries, wages, commissions, bonuses, and severance pay
• self-employment and business income (gross receipts minus ordinary and necessary expenses other than accelerated depreciation or investment tax credits)
• rents from property you own
• unemployment, workers' compensation, and veterans' benefits
• Social Security benefits
• alimony received, and
• military pay, including housing allowances.

Gross income does not include:

• benefits from means-tested public assistance programs (such as TANF, SSI, and food stamps)
• income earned by other household members (such as a new spouse), and
• in-kind income (other than significant expense reimbursements or in-kind payments from self-employment or operation of a business, if those payments reduce living expenses).

South Carolina's guidelines use gross rather than net income to minimize disputes about potential deductions. However, the guidelines do allow parents to deduct the following from their income when calculating child support:

• alimony being paid under a court order to the other parent in this case or to a previous spouse (or both)
• child support paid for children from previous relationships, and
• support for additional natural or adopted children currently living with the parent (which could justify a modification of the child support order, as discussed below).

(S.C. Code Regs. 114-4720(A) (2025).)

When Judges Use Potential Income to Calculate Child Support

South Carolina's guidelines require judges to impute income to parents who are voluntarily unemployed or underemployed—meaning the judge will use the parent's potential rather than actual income. (An incarcerated parent's inability to work won't be considered voluntary unemployment or underemployment.)

Despite this general requirement, the judge may account for the fact that a parent can't work because of the need to care for a young child or a child with a disability. The judge may also consider the effect of rehabilitative alimony intended to help the parent become employed.

When deciding how much a parent's potential income should be, the judge must consider all of the relevant circumstances, including:

• the parent's history of employment and earnings
• the parent's job skills, education, literacy, age, and health
• any barriers to the parent's employment (such as a criminal record)
• the local job market and prevailing wages, and
• the availability of employers willing to hire the parent.

(S.C. Code Regs. 114-4720(A)(5) (2025).)

Also, if one or both parents own significant assets that aren't currently producing income (such as vacation homes or vacant land), the judge must include an amount of income the property could generate. Judges may also take into account any other assets that could generate income. (S.C. Code Regs. 114-4720(A)(2) (2025).)

Adjustments to Child Support

South Carolina's guidelines include adjustments to the basic monthly child support obligation for:

• the cost of health insurance premiums for the child
• extraordinary, regular medical expenses for the child (over $250 per year per child), and
• reasonable, work-related child care expenses, adjusted to account for the child care tax credit the parent claims on federal and state tax returns.

These expenses are divided between the parents in proportion to their share of their combined gross income, and the parent who pays the costs will receive a credit. (S.C. Code Regs. 114-4720(A)(12), (13), (14) (2025).)

South Carolina courts have also held that a parent who owes child support is entitled to credit on those payments for disability benefits that are paid on the child's behalf and are based on that parent's employment record. (Justice v. Scruggs, 332 S.E.2d 106 (S.C. Ct. App. 1985).

How Parenting Time Affects Child Support

South Carolina encourages both parents to be actively involved in their children's lives, but the state also recognizes that it costs more to maintain two separate homes for their kids. That's why judges may allow an adjustment to child support when parents have shared physical custody—meaning that each of them has their child or children for more than 109 overnights during the year, and each contributes to the kids' expenses (in addition to paying child support).

The state's calculator will show the shared custody adjustment when you enter the number of overnights the children will spend with each parent. However, the judge will have to decide whether to apply this adjustment, after making sure it won't have a serious negative effect on the children's standard of living.

When parents have split custody—meaning that each of them will have custody of at least one of their children—the guidelines will use separation calculations for the child (or children) living with each parent. Then, the parent with a larger support obligation will pay the difference to the other parent.

(S.C. Code Regs. 114-4730 (2025).)

How Do South Carolina's Guidelines Apply to Low-Income Parents?

South Carolina's guidelines include an automatic adjustment (known as the "self support reserve") for low-income parents, to ensure they still have enough money to maintain a minimum standard of living after paying child support. In these cases, support will be calculated based only on the income of the parent paying support. (S.C. Code Regs. 114-4720(A)(11) (2025).)

When Child Support May Be Different Than the Guideline Amount

South Carolina presumes that the amount of child support calculated under the guidelines is correct. However, a judge may order a higher or lower amount of support if applying the standard calculation would be unjust or inappropriate.

The guidelines include a list of circumstances that may be possible reasons for deviating from the guidelines, including the economic impact of:

• the assets each parent received as a result of the property division in their divorce
• the parents' debts
• alimony payments one parent is paying to the other
• a substantial difference between the parents' incomes
• educational expenses for the children or parents
• unreimbursed extraordinary medical expenses for the parents or children
• extraordinary travel expenses for court-ordered visitation
• either parent's mandatory deductions from wages for retirement pensions and union fees
• other monthly payments that a parent has to make because of a court order or law
• any significant income available to the child
• the fact that the parents have more than six children, and
• the parents' agreement (more on that below).

(S.D. Code Regs. 117-4710(B) (2025).)

Can Parents Agree on a Child Support Amount?

Parents always have the option of agreeing on an amount of child support, but they'll have to submit their agreement to the court for a judge's approval. If the agreed amount is different than the standard calculation under the guidelines, South Carolina law imposes special requirements:

• both parents must have their own lawyers, or
• the judge must question them thoroughly to make sure that a parent without legal representation fully understands the agreement and its consequences.

Even when those requirements are met, the judge must still decide whether the agreed amount of support is reasonable and in the children's best interests. (S.D. Code § 63-17-470(C)(13) (2025).)

How to Apply for Child Support in South Carolina

When you're filing for divorce in South Carolina, child support will be handled as part of the divorce process. Outside of the divorce context, you may request support for a child who lives with you (with or without a court order) by applying for services with the Child Support Services Division of the State Department of Social Services (DSS).

If you're living apart from your child's other parent but haven't yet met the state's year-long separation requirement for a no-fault divorce, you also have the option of filing a request in court for "separate support and maintenance" orders. These temporary orders may deal with child support as well as child custody, alimony, and property issues until you can get divorced. (Learn more about separation in South Carolina.)

Modifying Child Support in South Carolina

Either parent may seek a change in the amount of child support they're currently paying or receiving under a South Carolina order. But they'll need to show that there's been a substantial change in circumstances since the existing order was issued. Some examples of changed circumstances that might justify a child support modification include:

• You've lost your job and haven't been able to get other work, despite your efforts.
• You've become disabled or have another medical condition that prevents or limits your ability to work.
• One of your children has turned 18 and finished school (more on that below).
• You have increased expenses related to your child's needs, such as higher childcare costs or new, extraordinary medical expenses.

Although a parent's remarriage won't justify a child support modification by itself, the fact that you've had a child with your new spouse might warrant a change in your existing order. As discussed above, a parent's support for additional natural or adopted children (not stepchildren) can be deducted from income when calculating child support. it can also be a reason for deviating from the guidelines.

There are two potential ways to request a child support modification:

• In court. You may file a complaint with the court requesting a modification, along with a financial declaration and a copy of your most recent child support order. You'll need to serve the other parent with a copy of all the paperwork and request a court hearing.
• Requesting an administrative modification or review. If DSS established your child support order, you have the option of requesting a review and modification with the agency. You'll need to send a written request by certified mail to the caseworker in the regional office that's handling your case. You should include documentation of the changes in your financial situation. If the agency agrees that a modification is justified, it will send a notice with the new amount to the parent who pays support. If you don't agree with the agency's decision, you may file a petition for review with the court. Be aware that the DSS review and modification process can take a long time, so you may be better off going directly to court with your modification request even if the agency has been handling your case

When judges are deciding whether there's been a substantial change of circumstances that requires a modification, they'll consider the same list of circumstances that may be reasons for deviating from the child support guidelines (as discussed above).

(S. C. Code §§ 63-17-470(C), 63-17-730, 63-17-830 (2025).)

When Does Child Support End in South Carolina?

As a general rule, the obligation to pay child support in South Carolina ends when the child turns 18, is married, or becomes self-supporting (whichever happens first). However, if an 18-year-old is still attending high school, support will continue until graduation or the end of the school year when the child turns 19.

However, a judge may decide to order child support for adult children who have physical or mental disabilities (or other exceptional circumstances).

Parents may agree (or a judge may order) that support will continue beyond that legal cutoff date. The South Carolina Supreme Court has held that judges may order parents to help pay their adult children's college expenses under appropriate, limited circumstances, such as when:

• the child would benefit from higher education and has shown an ability to do well in college
• the child wouldn't be able to attend college without the support, and
• the parent can afford to help with the expenses.

(McLeod v. Starnes, 723 S.E.2d 198 (S.C. 2012); Risinger v. Risinger, 253 S.E.2d 652 (1979).)

Be aware that if you're paying support for two or more children, you'll have to request a modification when the oldest child turns 18 or graduates from high school, unless your support order includes specific provisions for automatic reductions at those times.

(S.C. Code § 63-3-5309A)(17) (2025).)

More Resources and Help With Child Support

In addition to help establishing child support, South Carolina's DSS can also help collect and enforce existing support orders.

There's a wealth of resources online for help and information about child support in South Carolina, including:

• The most recent guidelines, along with answers to common questions and other information, are available on the DSS Child Support page.
• You can also search the full text of South Carolina's laws on child support (including all of the laws mentioned in this article).
• South Carolina's courts provide downloadable court forms and instructions for modifying child support.
• South Carolina's LawHelp offers videos and detailed information on how to request a child support modification.

Despite these resources, you may need to speak with a lawyer in some situations. An attorney's expert assistance can be especially important when you're asking the court (or opposing a request) for a deviation from the guideline amount of support or a modification of your existing order.