What Are Some Reasons for Deviating From the South Carolina Child Support Guidelines?

The child support guidelines do not take into account the economic impact of the following factors which can be possible reasons for deviation.

• Educational expenses for the children or the parent (i.e., those incurred for private, parochial, or trade schools, other secondary schools, post-secondary education where there is tuition a related cost);
• Equitable distribution of property;
• Consumer debts;
• Families with more than six children;
• Unreimbursed extraordinary medical/dental expenses for the parent or extraordinary travel expenses for court-ordered visitation;
• Mandatory deduction of retirement pensions and union fees;
• Child-related unreimbursed extraordinary medical expenses;
• Monthly fixed payments imposed by court or operation of law;
• Significant available income of the children (i.e. the Olson Twins or Justin Bieber);
• The substantial disparity of the parent’s income;
• Alimony;
• Agreements are reached by the parties if both parents are represented by a lawyer or if, not represented by counsel, the court determines a party fully understands the agreement as to child support.

The court still has the discretion and independent duty to determine if the amount is reasonable and in the best interest of the child(ren).

Remember that deviation from the South Child Support Guidelines is the exception rather than the rule.

Deviations are considered carefully by the court to ensure fairness and to address unique circumstances that the standard guidelines may not cover adequately. For example, when a parent incurs high educational costs for their child, such as tuition for private or specialized schools, the court may adjust the support amount to accommodate these expenses.

Similarly, if a parent has significant debts or fixed payments like alimony or retirement deductions, these financial obligations can influence the calculation of child support.

Additionally, families with more than six children may face higher living expenses that the guidelines do not fully reflect, warranting an adjustment. Extraordinary medical costs, whether for the child or the parent, as well as travel expenses related to visitation, are other valid reasons for deviation. The court also considers the income disparity between parents to ensure the support amount is equitable.

Ultimately, the goal of allowing deviations is to tailor child support orders to the specific needs and financial situations of the families involved, always prioritizing the best interests of the child. However, because the guidelines provide a consistent framework, deviations are granted only when justified by clear and compelling reasons.