Support in South Carolina

How South Carolina Calculates Child Support

South Carolina uses an income shares model governed by S.C. Code Section 63-17-470 and the South Carolina Department of Social Services (DSS) Child Support Guidelines. The model ensures that children receive the same proportion of parental income they would have received if the family had stayed together.

The calculation begins with each parent’s gross monthly income, defined broadly to include wages, salaries, commissions, bonuses, overtime, self-employment income, pensions, Social Security benefits, workers’ compensation, unemployment benefits, disability income, rental income, dividends, interest, and other recurring income. Courts may impute income to a parent who is voluntarily unemployed or underemployed, based on employment potential, work history, and prevailing earnings in the community.

Each parent’s gross income is adjusted for certain items, including support obligations for other children and health insurance premiums for the child. The parents’ adjusted gross incomes are combined and applied to the DSS guidelines schedule, which identifies a basic support obligation based on the combined income and the number of children. Each parent’s share is proportional to their percentage of the combined income.

Work-related child care costs and extraordinary medical expenses are added to the basic obligation and divided between the parents in the same proportion.

For a general overview of income shares models, see our guide on how child support is calculated. You can estimate your potential obligation with our child support calculator.

Shared Custody and Parenting Time Adjustments

South Carolina’s guidelines include provisions for shared custody arrangements. When both parents exercise significant parenting time, the court may apply a shared custody formula that adjusts the support obligation to reflect the direct costs each parent incurs.

The court retains discretion to deviate from the guidelines when strict application would be unjust or inappropriate. Deviations require specific written findings explaining the reasons.

Modifying or Terminating Child Support

Either parent may petition for modification by showing a substantial change of circumstances. Common grounds include a significant increase or decrease in either parent’s income, a change in the child’s needs, or a modification of the custody arrangement.

Child support in South Carolina continues until the child turns 18, or until the child graduates from high school, whichever occurs later, but not beyond age 19. Support also terminates upon the child’s marriage, emancipation, entry into military service, or death. South Carolina does not generally require parents to contribute to college expenses, though parents may agree to do so.

Enforcement of Child Support Orders

South Carolina’s DSS Child Support Enforcement Division has broad enforcement tools:

• Income withholding from wages
• Interception of state and federal tax refunds
• Suspension of driver’s licenses and professional licenses
• Liens on real and personal property
• Financial institution data matches
• Passport denial for arrearages exceeding $2,500
• Contempt of court, which can result in fines or incarceration

Arrearages cannot be retroactively forgiven, and any modification takes effect from the date the petition is filed.

Alimony in South Carolina

South Carolina provides one of the more detailed alimony frameworks in the Southeast, recognizing five distinct types of alimony under S.C. Code Section 20-3-130:

• Periodic alimony. Ongoing regular payments, typically monthly, that continue until the death of either party, the remarriage of the recipient, or the continued cohabitation of the recipient with a romantic partner. This is the form most similar to traditional long-term alimony.
• Lump-sum alimony. A fixed total amount paid either as a single payment or in installments. Once ordered, lump-sum alimony is generally non-modifiable. It is sometimes used in lieu of or in addition to an equitable distribution award.
• Rehabilitative alimony. Designed to support a spouse while they obtain the education, training, or experience necessary to become self-supporting. Requires a specific rehabilitation plan and is awarded for a defined period.
• Reimbursement alimony. Compensates a spouse who supported the other through professional education or training with the expectation of sharing in the increased earning capacity. It is appropriate when one spouse worked to fund the other’s degree or professional license.
• Separate maintenance and support. Available when the parties are living apart but not yet divorced. This provides financial support during separation and may serve as a precursor to a formal divorce proceeding.

Factors in Alimony Determinations

Under S.C. Code Section 20-3-130(C), the court considers the following factors for all types of alimony:

• The duration of the marriage together with the ages of the parties at the time of the marriage and at the time of divorce
• The physical and emotional condition of each spouse
• The educational background and need for additional training or education to achieve earning potential
• The employment history and earning potential of each spouse
• The standard of living established during the marriage
• The current and reasonably anticipated earnings of both spouses
• The current and reasonably anticipated expenses of both spouses
• The marital and nonmarital properties of the parties
• Custody of the children, particularly as it affects the custodian’s earning capacity
• Marital misconduct or fault of either party
• Tax consequences
• Any other factors the court considers relevant

South Carolina is a fault-based state for alimony purposes. A spouse who commits adultery is generally barred from receiving alimony under Section 20-3-130(A). Other forms of marital misconduct, such as physical cruelty, habitual drunkenness, or desertion, may also influence the court’s decision.

Modification and Termination of Alimony

Periodic and rehabilitative alimony may be modified upon a showing of a substantial change of circumstances. Lump-sum and reimbursement alimony are generally not modifiable.

Periodic alimony terminates upon the death of either party, the remarriage of the recipient, or the recipient’s continued cohabitation with a romantic partner — defined under South Carolina law as the supported spouse residing with another person in a romantic relationship for a period of 90 or more consecutive days.

When to Seek Legal Guidance

South Carolina’s five-type alimony system and the role of marital fault in support determinations create important strategic considerations early in the divorce process. If you are evaluating a child support or alimony issue, consider scheduling a free consultation with an experienced family law professional.

Statutes referenced: S.C. Code Section 63-17-470 (child support), DSS Child Support Guidelines, S.C. Code Section 20-3-130 (alimony).