Remarriage and Child Support South Carolina

If you're a divorced parent in South Carolina (or you were never married to your child's other parent), you probably have a child support order in place. What happens if you or your ex marries someone else? The short answer is that remarriage won't, by itself, justify a change in the amount of support you're paying or receiving. But some circumstances related to either parent's new family might qualify for a support modification. Read on to learn how that could play out.

The Basic Rules for Calculating and Modifying Child Support in South Carolina

Like all other U.S. states, South Carolina has guidelines for calculating the appropriate amount of child support in any individual case. The guidelines are complicated, but the support award is primarily based on the parents' income and custody arrangements. Typically, the parent who doesn't have the kids most of the time pays child support, while the primary custodial parent meets their share of the support obligation by paying directly for the children's daily expenses. However, the guidelines include special calculations when the parents have shared custody.

The calculated support amount should apply in most cases, but a judge may order a higher or lower amount (known as a "deviation") if the guideline amount would be unjust or inappropriate under the particular circumstances.

Either parent may request a modification of their existing child support order, but they'll need to prove that there's been a substantial change in circumstances that justifies a different amount.

How Children From a New Marriage Can Affect Child Support

Even if you have additional children with a new spouse, you'll still have a responsibility to support your kids from a previous relationship. But in South Carolina, you may be able to get a child support modification based on your support for other children. That's because the state allows either parent to deduct their support for additional children from their income when they're calculating child support.

This deduction for supporting new kids applies only to natural or adopted children who are living with the parent—not to stepchildren (unless a court order establishes the stepparent's legal responsibility for those kids). The credit applies whether or not another person is also supporting those additional children. (S.C. Code Regs. 114-4720(A)(9) (2025).)

Even though this deduction is allowed as a matter of course, it will still be up to the judge to decide whether a modification is warranted based on the resulting change in your income level. Whenever judges are deciding on a modification request, they look at all of the circumstances—including any changes in the other parent's finances or the needs of the children in the original support order.

Can a New Spouse's Income Affect the Amount of Child Support?

Under South Carolina's guidelines, a parent's income specifically does not include any income from other household members. (S.C. Code Regs. 114-4720(A)(3) (2025).) That would include a new spouse's income. This means you most likely could not get a child support modification based on the income that your ex's new spouse is contributing to the household.

That said, it's possible that in some extraordinary situations, a judge might consider your ex's significantly improved financial circumstances—say, due to a wealthy spouse's contribution to household expenses—as a reason to deviate from the guidelines and allow a modification. (This isn't among the possible reasons for deviations listed in the guidelines, but that list isn't necessarily exclusive.)

Making this argument would be an uphill climb in light of South Carolina's explicit exclusion of new-spouse income from the support calculation—as well as the fact that guideline deviations "should be the exception rather than the rule."

How Losing Alimony After Remarriage May Affect Child Support

If a divorced parent has been receiving periodic or rehabilitative alimony, those payments will end when the parent gets married again or begins living with a partner on an ongoing basis ("cohabitation"). Because alimony payments are included in the recipient's income when calculating child support under South Carolina's guidelines, that parent may be able to get a child support modification based on the income reduction.

(S.C. Code § 20-3-130(A)(2); S.C. Code Regs. 114-4720(A)(3) (2025).)

Can Child Support Change If a Parent Quits Work After Remarriage?

If your ex seeks a child support modification after quitting a job or switching to part-time work after remarrying, you can argue that support should be calculated based on what your ex could be earning. That's because South Carolina's guidelines require judges to impute income to parents who are voluntarily unemployed or underemployed.

However, when deciding whether a parent's unemployment is voluntary, the judge will consider whether they can't work because of the need to care for a young child or a child with a disability.

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

Resources and Help With Child Support After Remarriage

If you or your ex has experienced a change in financial circumstances after remarriage, the two of you can try to reach an agreement on a child support modification. You'll need to submit your agreement along with a modification request (and explain the reasons for any deviation from the guidelines), so that a judge can review and approve the agreement. It's always less expensive and stressful to go that route rather than fighting over the issue in court. But of course, parents can't always agree.

You can find the most recent version of South Carolina's child support guidelines on child support page maintained by the South Carolina Department of Social Services (DSS). If DSS established your original child support order, you may be able to request an administrative review and modification with the agency based on the income deduction for supporting another child.

Otherwise, you should strongly consider speaking with a lawyer if you're seeking to change your child support payments—or opposing your ex's modification request—based on the circumstances related to remarriage. An experienced family law attorney can explain how a local judge is likely to rule on the request and the kind of evidence you'll need to support your position.