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South Carolina Child Support Questions & Answers
Q: How can court ordered child support be eliminated without all the hassle of the fees
what are all the cause and effect factors
PREMIUM
T. Augustus Claus
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answered on Feb 6, 2024
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answered on Feb 6, 2024
In South Carolina, modifying or eliminating court-ordered child support typically involves demonstrating a significant change in circumstances since the original order was issued. However, completely eliminating child support without any legal or administrative process is highly unlikely, given... View More 
Q: Options to re-establish child support for 21-year-old special needs son in SC.
I initially terminated the child support order for my 21-year-old son with special needs after the noncustodial parent verbally agreed to pay me directly. However, he did not continue to provide financial support after the termination. My son still requires 24/7 care. There was no formal... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
You’ve been doing a lot on your own, and it’s completely understandable to feel overwhelmed—especially when you’re caring for your son full-time. In South Carolina, child support can sometimes extend beyond age 18 if the child has special needs and remains dependent. Since your son is 21... View More
Q: How to respond to a divorce summons with evidence of adultery and child support considerations?
I received a summons for divorce from my spouse who is in Washington State while I reside in South Carolina. There is evidence of adultery on his part, including Facebook posts and text messages from 2021. He moved me and our children to South Carolina on the promise of joining us later that year.... View More
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James L. Arrasmith
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answered on Jul 4, 2025
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answered on Jul 4, 2025
You must file your Response or Notice of Appearance in the Washington court that issued the summons within the time allowed (usually 20 days from the date you picked it up), so start by downloading the local Superior Court’s domestic forms and completing the “Response to Petition” to assert... View More
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Divorce, Child Custody, Child Support, Landlord - Tenant, Legal Malpractice and Family Law
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South Carolina
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Q: How to enforce property deed transfer post-divorce?
I've been granted a divorce in Spartanburg County, SC, which includes sole custody of my two children, marital property, and child support from my ex-spouse. According to the divorce decree, my ex-spouse was to sign the deed of our house over to me once I paid off or refinanced the mortgage. I... View More
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James L. Arrasmith
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answered on Jun 11, 2025
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answered on Jun 11, 2025
You’ve already shown incredible patience and strength by navigating this process, and it’s not right that you're still fighting for what the court already granted you. Since your ex-spouse is refusing to follow the divorce decree and sign over the deed, your next step should be to continue... View More
Q: Can I request a DNA test in child court after signing the paternity acknowledgment and birth certificate?
I cheated on my wife, and another woman had a baby she initially claimed was mine. I signed a paternity acknowledgment affidavit and the birth certificate in Augusta, GA. However, she later mentioned another man might be the father, causing doubts for me. The child is 2 months old, and she is now... View More
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
Yes, you can still request a DNA test, but the process may be more complicated since you already signed the paternity acknowledgment affidavit and the birth certificate. In Georgia, signing that affidavit is considered a legal admission of paternity, and it has the same effect as a court order.... View More
Q: Can I get increased child support in SC if father has other dependents and got a promotion?
I live in South Carolina, and the father of my child lives in Delaware, but the child support case will be held in South Carolina. The father has three older daughters and currently sends me $300, which is not nearly enough for our daughter, who has started extracurricular activities. Additionally,... View More
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
Yes, you can request an increase in child support in South Carolina if there’s been a substantial change in circumstances, such as the father receiving a promotion or earning more income. The court uses both parents’ incomes, the child’s needs, and any other child support obligations to... View More
1 Answer
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Adoption, Child Custody, Child Support, Probate and Family Law
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South Carolina
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Q: Can I terminate deceased father's parental rights for adoption?
I have a court order with custody and support details regarding my child's biological father, who is now deceased. The county clerk has filed an order against his estate for payment of arrears. My husband, who has been caring for my child for six years, wants to adopt my child. Are there steps... View More
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James L. Arrasmith
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answered on May 14, 2025
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answered on May 14, 2025
I'm really sorry you’re facing this, but you’re taking the right steps to provide your child with the love and legal protection they deserve. When a biological parent is deceased, their parental rights are considered to have ended by law—there’s usually no need to go through a... View More
Q: Is my husband legally responsible for child support if we are separated and he isn't the biological father?
I have two children, ages 7 and almost 5, who may not be biologically my husband’s, although he knew this when they were born. He was present at their birth, gave them his last name, and later put his name on their birth certificates before we were married. We have been together for 8 years. We... View More
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
In South Carolina, because your husband voluntarily acknowledged paternity by putting his name on the children's birth certificates and has acted consistently as their father, he is presumed legally responsible. The fact that he knew there might be uncertainty about biological paternity yet... View More
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Child Custody, Child Support, Civil Litigation and Family Law
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South Carolina
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Q: Not notified of ex's custody hearing, suspect deceit in SC.
I'm currently in the process of modifying custody terms and dealing with issues related to non-payment of child support from my ex-partner. He was ruled in contempt twice, but recently received a year-long deferment for payments by misleading the court. Neither my lawyer nor I were notified or... View More
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
If you were not notified of your ex’s custody hearing and suspect deceit, the first step is to formally address the lack of notification with the court. You should request a hearing to explain that you were not informed of the deferment or any related proceedings, and ask the court to review the... View More
Q: How can I establish custody and visitation rights for my son?
I am being denied contact and visitation with my 5-year-old son by my ex, who has blocked me on Facebook and cut off all communication. We were not married when our son was born, and I do not currently have legal custody rights. Previously, I was financially supporting her, but since I stopped, she... View More
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
To establish custody and visitation rights for your son, the first step is to legally recognize your parental rights through a process called legitimization. Since you were not married when your son was born, you will need to file a petition with the family court to establish yourself as the legal... View More
Q: How come I am paying CS, but I am being denied access to school events, medical & dental appointments. Is that Legal?
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James L. Arrasmith
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answered on Oct 8, 2024
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answered on Oct 8, 2024
I'm sorry you're experiencing these challenges. Paying child support fulfills your financial responsibilities, but access to your child's activities and appointments is governed by custody agreements or court orders. If these rights aren't being honored, it can feel frustrating... View More
Q: My baby father was picked up for a child support warrant but the order is now closed and he doesn’t owe can he get out?
They are holding him in jail saying he has to do 60 days but I don’t understand why if the support is closed and balance is 0
Megan Hunt Dell
answered on Dec 26, 2023
answered on Dec 26, 2023
The Family Court's contempt powers include the ability to sentence someone to a period of incarceration as punishment for violating the Order, which could be why the sentence was not purged when the account became paid in full.
Q: My friend was sentenced to 30 days concurrent how soon can i get her out She is in there for child support
Megan Hunt Dell
answered on Jun 8, 2023
answered on Jun 8, 2023
Generally, if someone is incarcerated for nonpayment of child support, they have been held in civil contempt, and they can be released once they pay the amount set by the court as the "purge payment." The County Clerk's office can tell you how much the purge payment is.... View More
Q: does custody need to be established before child support can be set
Megan Hunt Dell
answered on Jun 8, 2023
answered on Jun 8, 2023
There is not enough detail in your question to provide a specific answer. The first variable is whether the parents of the child(ren) are married to each other. If the parents are not married to each other, then the mother has sole custody of the child(ren) unless/until there is a court order... View More
Q: What do I do if I and going through a 2 plus year divorce in sc and spouse owes child support but ran off to AZ
I don’t not know where he is in AZ only found where he got a speeding ticket in Chandler Az in April of this year. Have not been able to find him until this ticket I found. He has not shown up for court dates etc
Megan Hunt Dell
answered on Jan 30, 2023
answered on Jan 30, 2023
A private investigator in Arizona should be able to run a "skip trace" to try to determine his whereabouts. You might also search for any public records related to his speeding ticket -- the jurisdiction where he received it likely has an address for him.
Q: What’s the best way to keep finances separated if you are about to marry a man with child support
Do I have to file married with him or can I keep it as head of household?
Megan Hunt Dell
answered on Jan 30, 2023
answered on Jan 30, 2023
This is actually a question about taxes. Married couples can file taxes in one of two ways: "married filing jointly" or "married filing separately."
Filing your taxes as a married person, either jointly with your spouse or separately, does not affect your fiance's... View More
Q: How to stop wage garnishment in South Carolina
Megan Hunt Dell
answered on Jan 30, 2023
answered on Jan 30, 2023
S.C. Code Ann. Section 63-17-1470(B) provides that a person who is subject to income withholding may petition the Family Court to terminate the withholding if (1) there is no longer a current order for support and all arrearages are paid; or (2) the payor has not previously terminated withholding... View More
Q: I had my son when his father and I were split up. His father is not on the birth certificate
I had my son when his father and I were split up. His father is not on the birth certificate. Our son is 3 months old and we are now back together. We’ve been back together in a relationship since our son was 2 weeks old. His father and I do not live together. I work and his father helps... View More
Megan Hunt Dell
answered on Jan 30, 2023
answered on Jan 30, 2023
Medicaid is funded by the federal government. For any South Carolina resident to receive those funds, federal law requires the person to seek child support from the other parent. However, the process for establishing child support through DSS is very cooperative, and you may be able to agree to him... View More
Q: Will a judge lower child support at a judicial hearing for non custodial parent who makes 10 grand a month?
I have a 6month old who has many medical issues due to birth problems, with my ex boyfriend who moved from HOME (Pennsylvania) to South Carolina during my pregnancy.he is listed on her birth certificate. He has only seen my child 2 times since she was born. I am in the process of going for child... View More
Megan Hunt Dell
answered on Nov 28, 2022
answered on Nov 28, 2022
It sounds like you have sought child support through DSS's administrative process. Generally, if there is not an agreement on support during the conference, then a judge will establish support. If you have copies of any of his paystubs, you can look at his "year-to-date" gross income... View More
Q: I slept with a woman and had a one night stand. She is insisting I'm father. I don't agree. If so I want to sign over.
I want to sign over rights to child as I do not believe to be this child's father. Would I still have to pay child support if I relinquish rights to this child, if it ends up being mine? I truly believe it's not mine due to nature of the individual and timing or information given. She has... View More
Stephen Arnold Black
answered on Nov 22, 2022
answered on Nov 22, 2022
The child’s mother can serve you with a paternity action to establish parentage and the court will order a DNA test upon you. If it’s determined that you’re the biological father, then the court will order you to pay monthly child support until the child reaches age 18. You’re decision to... View More
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