South Carolina Divorce Laws
South Carolina Divorce Laws regarding Child Support
The South Carolina Child Support guidelines are observed by the Court to determine the correct amount of child support. However, the Court considers the below mentioned factors to conclude whether it is essential to deviate from the guidelines –
- Compulsory subtraction of union fees and retirement pensions
- Un-reimbursed extraordinary dental or medical expenditures
- Families that have more than 6 children
- Consumer debts
- Property distribution in an equitable manner
- Expenditure of education of the spouse or children
- Considerable available income of the children
- Fixed payments per month inflicted by a Court
- Child support due to another relationship not ordered by the Court
- Support obligations for other dependents residing along with non-custodial parent
- Agreements amongst the divorcing partners
- Spousal support
- Considerable difference in income – if the non-custodial parent’s income is too less than the custodial parent’s income, then it becomes economically impracticable for the non-custodial parent to pay as per the guidelines
South Carolina Divorce Laws regarding Spousal Support
Spousal support is not given to a partner if he or she is found guilty of adultery prior to the earliest of these two events –
- The formal signing of marital settlement agreement or of a written property
- Entry of a permanent order approving a property of marital settlement agreement amongst the partners or of a permanent order of separate maintenance and support
The Court takes into account the following factors while taking a decision regarding spousal support –
- The present and reasonably expected requirements and expenditures of both partners
- The standard of living enjoyed in marital life
- The earning potential and employment history of each partner
- The educational level of each partner along with the requirement of each partner to have additional education or training so that the other partner’s income potential can be reached
- The emotional state and physical condition and ages of each spouse
- The period of marital life
- The presence and degree of a support obligation due to a prior marriage or any other event of either partner
- The effects on tax of both partners due to a particular form of support given
- Fault or marital misconduct of both or either parties
- Other issues that are considered relevant by the Court
Property Distribution
The Court contemplates over the following issues while deciding property distribution –
- The non-marital property of each partner
- The requirement of the partner having less income to undergo education or training to reach the income potential of the partner having more income
- The emotional and physical health of each partner
- The income and earning potential of each partner and the chance for acquisition of capital assets in the future
- The valuation of marital property inclusive of how the input by each partner has resulted in the appreciation, depreciation, preservation and acquisition of marital property. The input of each partner as a homemaker is also seen. The Court considers the factual existence and the quality of the contribution
- Fault or marital misconduct of either partners
- The period of marital life
- Other relevant issues
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