In all cases in which child support is an issue, the family court considers the child support guidelines in South Carolina. As a result, t is important to hire a divorce attorney in Myrtle Beach, SC who is knowledgeable about child support guidelines. The guidelines are based on the idea that a child should receive the same financial support that they would have received if the parents were still living together. According to the court case of Mitchell v. Mitchell, the family court should consider the following factors when establishing child support: both parent’s income, the ability to pay child support, education, expenses, and assets and the facts and circumstances of each case. Also, whether or not the medical insurance or childcare is an expense will also come into play when calculating child support. The children should have the same standard of living they would have had if the parties were still together.
When parents combined incomes are high and the guidelines do not cover the amount, the court considers the child support amount on a case by cases basis. Therefore, if you are seeking child support in Horry County, it is important to speak with a family law attorney in Myrtle Beach, SC to explain your rights. South Carolina case law states that, “a child is entitled to live and be supported in a life style commensurate with the current income of his parents.” see Mallett v. Mallet 323 S.C. 141, 149, 423 S.Ed.2d 804, 809 (Ct. app. 1996).
Another issue that must be addressed is whether a child has an extraordinary medical expense. The child support guidelines assume that the parent managing custody of the minor child will be responsible for up to $250.00 per year in uninsured medical expenses. Extraordinary medical expenses are those reasonable and necessary uninsured medical expenses in excess of $250.00 per child each year.
If you have questions about child support in South Carolina, contact the Mace Firm, we have attorneys in Myrtle Beach who practice family law who can assist you.