2024 South Carolina Child Support Guidelines Updates

The South Carolina Child Support Guidelines were updated for the first time in ten years this year. The updated guidelines officially became effective on January 1, 2024. The update was necessary for South Carolina to align with federal requirements, the Tax Code, and increased cost of living. In today’s blog post, we will provide an overview of the updates implemented.

​Parents’ Combined Income Maximum Increased.
The child support guidelines dictate basic support schedules based on the parents’ combined incomes. The updated basic support schedule goes up to a combined parental income amount of $40,000 per month (or $480,000 per year) before the parents’ combined income is considered “off” the child support guidelines. The 2014 guidelines basic support schedule went up to $30,000 of combined income per month (or $360,000 per year) for parents. For child support purposes, gross income is always considered not net income.

Self-Support Reserve Increased.
The guidelines allow for a “self-support reserve” which permits a low-income parent with a legal duty to pay support to retain a minimum amount of income before being assessed a full percentage of their child support obligation. The updated guidelines increased the self-support reserve from $748 per month to $1,010.50 per month. The number of individuals whose incomes will fall into the self-support reserve will increase as a result of this change.

Income Verification: Can Use Oral Testimony Under Oath.
All parents’ incomes must be verified in order for a South Carolina judge to determine the child support obligation. In most instances, judges rely upon a Financial Declaration, which is a form each parent must complete with their income and expenses information and sign under oath prior to the child support hearing. Under the updated guidelines, a court can rely on oral testimony under oath for income verification when a Financial Declaration is not available or the amounts in the Financial Declaration are disputed.

​More Clarity on Imputing Income to an Under- or Unemployed Parent.
When a parent owing child support is underemployed or unemployed, a court can impute income to that parent. The updated guidelines provide further guidance on what factors a court considers when imputing income to a parent. The guidelines state that the court should take into consideration: “…the specific circumstances of the parent to the extent known, including such factors as the parent’s assets, residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work, as well as the local job market, the availability of employers willing to hire the parent, prevailing earning level in the community, and other relevant factors in the case.”

Incarceration is not Willful or Voluntary Under- or Unemployment.
The updated guidelines specify that “A determination of willful or voluntary unemployment or underemployment shall not be made when an individual’s incarceration prevents employment.” This means that when a parent is in jail or prison, they cannot be found to be willfully unemployed and imputed income.

Guidelines are now Inclusive of Extraordinary Medical Expenses.
The updated guidelines now include extraordinary medical expenses in the calculation of monthly child support. The updated guidelines specifically provide examples of routine professional counseling and allergy treatments as expenses that should now be included in the calculation of monthly child support. In past guidelines, professional counseling, allergy treatments, orthodontia care, or other routine medical expenses were paid by one parent and the non-paying parent reimbursed the paying parent for their portion of the uninsured medical expense. Under the new guidelines, if an uninsured medical expense is “routine,” it should be included in the monthly child support obligation as an extraordinary medical expense.

Childcare Costs Must be Reasonable.
The updated guidelines require that daycare and childcare costs must be reasonable, not to exceed the level required to provide high quality care for children from a licensed provider absent “absent exceptional circumstances.” Exceptional circumstances are not defined in the guidelines.

Worksheet C Must be Used in Shared Custody Cases.
The previous guidelines stated that the use of Child Support Worksheet C was “advisory, not compulsory.” Worksheet C is the worksheet used when parents share physical custody of children (for example, in a week on / week off child custody schedule). The new guidelines state that child support cases with shared physical custody shall be calculated using Worksheet C. 

​If you owe or receive child support in South Carolina and have questions about your child support payment, please reach out to our office. Lindsey is licensed in South Carolina and is able to provide the legal guidance you need. 

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