Child support in Greenville, South Carolina is determined according to the South Carolina Child Support Guidelines. These guidelines take into account both parents’ income as well as the child’s health care and daycare expenses. Also included in the calculation is the number of overnights the child spends with both parents. A court may consider any extraordinary circumstances as well.

Under the guidelines, a parent’s actual gross income is normally used. However, a court can use potential income if a parent is unemployed or underemployed. Gross income includes salaries, wages, bonuses, and business income, among numerous other sources. Income may also be imputed to non-income producing assets such as unused land. Excluded from the definition of “income” are public assistance programs such as TANF and food stamps.

In applying the guidelines, the court will consider a child’s health insurance and health care needs. One or both parents may be required to obtain comprehensive and reasonably priced health insurance for the child. When a child’s insurance is combined with a parent’s, only the portion attributable to the child will be factored. Uncovered health care expenses for the child exceeding $250 per child per year will be apportioned between the parents, too.

Daycare in Greenville, South Carolina can be expensive for many parents. Fortunately, the guidelines account for this cost. Expenses incurred for child care, due to a parent’s employment or job search, are included in the calculation. However, the costs must be reasonably necessary to afford quality childcare from a licensed provider. Qualified child tax credits will be taken into account by the judge as well.

Child support can be relatively easy to calculate when one parent has custody of the child. But there are many cases in which parents share custody. The “shared custody” guidelines may be used in these cases. To qualify for this, both parents must have custody of the child at least 109 overnights each year. When a parent fails to exercise shared custody, the parent to whom support is owed may raise this issue. In such an event, the court can order the amount of support that would exist without shared custody.

Shared physical custody should not be confused with split custody. Split custody means there are at least two children and both parents have physical custody of at least one child. A court here will first determine the amount of support for the child or children in the other parent’s custody. This results in an unequal amount for each child. This difference is then offset, with the parent who owes the larger amount paying the difference to the other parent.

The child support guidelines recognize that not all Greenville, South Carolina families are the same. For this reason, a parent can ask the court to deviate from the guidelines in calculating child support. Numerous circumstances may exist which would justify the court deviating. These include, but are not limited to: a child’s educational expenses; equitable distribution of property; consumer debt; and more. Extraordinary travel expenses, which can exist when the parents live far from each other, may also be considered. Even alimony and substantial differences in the parent’s income can result in a deviation.

Courts will generally require both parents to present verified financial declarations. These declarations are used to ascertain a parent’s income, and therefore, make a proper calculation of child support. Often times, a parent will dispute how much money the other parent earns. In these cases, a judge could require the parties to present pay stubs, employer statements, or other documentation. A parent may also show his or her income using tax returns. Your attorney will want to make sure the other parent is paying his or her fair share of child support. Therefore, any concerns about the parent’s earnings should be brought to your lawyer’s attention.

Contact A Greenville Child Support Attorney Today

The rules surrounding child support are much more detailed and complicated than this overview can provide. If you are in need of child support or defending against it, don’t go without legal representation. The Greenville child support attorneys at Greenville Family Law are experienced in all aspects of child support. They will explain the process and calculations to you, and defend your rights in court. Speak to one of our dedicated professionals today to set up a consultation.

Child custody laws in Greenville, South Carolina ensure that everything in the best interest of the child. When it comes to child custody, visitation, and support, the legal system ooks at the willingness and stability of both parents. The name of the game during child custody hearing is to facilitate a meaningful, congenial, and hassle-free transition between the child and both parents.

During the child custody hearing, the divorce judge will pay attention to both parents to determine which one is willing to work for the betterment of the child; based on this and several other factors the judge will know if the sole physical custody or joint physical custody may be best for the child. Usually, judges like to see joint physical custody when it comes to child custody cases, as it has been shown to provide the best outcomes for the child.

In Greenville, SC, the child custody judge will do everything within his/her power to limit the emotional trauma to the child when there is a battle for custody. Some of the features that the child custody judge takes into account when deciding who should get custody of the child include the following:

• What is the mental health of the parents?

  • In general, the parent who does get child custody must be mentally stable. The parent with a mental health history is less likely to get custody. In some cases, the judge may order a mental health exam if there is a question about the mental status of the parent.

• What is the physical health of the parents?

  • In general, looking after a child is physically demanding and laborious. Thus, a parent who is handicapped or has a physical disability is less likely to get child custody.

• Sexual or physical abuse

  • Any parent accused or charged with physical or sexual abuse or even domestic abuse is less likely to get the child.

• What is the child’s physical and mental health?

  • In many cases, the judge will also assess the child’s preferences and physical and mental health. The judge will try and select the best parent as the custodial parent as one who can meet the physical, mental and financial needs of the child.

• What are the living situation and financial status of each parent?

  • In general, the divorce judge wants the child to be in a safe environment where he/she will be provided for. In addition, the court will also look at the financial stability of each parent.
• Finally, the judge will also assess each parent’s relationship with the child. Also, they look at how much involvement the parent has had with the child prior to the divorce.

What about Child Support?

No matter which parent is the custodial parent, the child must be provided for. The child support should help pay for the child’s basic living expense and any other necessities. The amount of child support is dependent on the income of both spouses. In addition, child support will also depend on how many overnight visits the child has with each parent.

Finally, the divorce judge will also take into account the couple’s marital status. When two people are married in SC, both parents are given equal rights, duties, and power over the child. If you are not married to each other, then the custody of the child usually goes to the mother. However, the father can go to court and purse for custody of the child in question.

A Greenville, SC, child custody case is never easy. Parents fighting for child custody in court face a long and challenging battle. They need excellent knowledge of SC child custody laws and time and energy to follow formalities. They also need to prove their fitness to raise the child. A criminal history can make this process very difficult.

The best way to assess criminal history impact on child custody is to consult a child custody lawyer. The latter will analyze their client’s history from the court’s perspective. They will also propose strategies to minimize the impact of that criminal history.

 

Assessing Criminal History Impact on Child Custody by Consulting a Greenville Child Custody Lawyer

When consulting a lawyer for child custody in Greenville, SC, parents should always be honest about their case. The fact that a parent has a criminal history does not necessarily determine the outcome of the case. The nature and the time of the deeds on their record matter more.

Their impact on the case will also depend on the life the respective person has led ever since. The parent’s current situation will weigh heavily in court as well. In order to determine their client’s chances, the lawyer will consider several aspects. We will review the most important of them in the following lines.

 

Aspects Influencing the Impact of Criminal History on a Child Custody Case in Greenville

1. The Nature of the Charges and/or Convictions

A parent charged with domestic violence will have a hard time obtaining child custody rights. Drug-related crimes would have a similarly negative impact. A child custody lawyer may convince the court to neglect an old conviction for minor crimes.

2. The Time that has Passed from the Conviction

Recent convictions are more difficult to overlook. The court will never give custody to someone who continues to break the law. The parent will have higher chances if several years have passed since the crimes in question. Whether they were parents or not at the time will matter as well. With the right child custody lawyer on their side, they may be able to prove their rehabilitation. They could make their criminal past look like a youthful mistake and a learned lesson.

3. How the Criminal Past Influences the Parent’s Financial Situation

A criminal record can make finding a job difficult, if not impossible. A parent with a stable income will have higher chances than one struggling to make a living.

4. The Relationship between the Parents

It helps the case if the parents are willing to cooperate and share custody. A parent with a criminal record accused of being misfit will have a hard time obtaining custody. So will someone accused of adultery and domestic violence. On the other hand, if the other parent were unfit, their odds would improve.

5. The Age of the Child

When it comes to babies and toddlers, the court tends to favor the mother. Older children usually get to express their preference.

6. The Relationship with the Child

A parent involved in the child’s upbringing will have higher chances than an absent one. The better the parent’s relationship with the child, the higher their chances at custody are.

7. The Parent’s Fitness to Raise the Child

In order to obtain custody, a parent has to prove moral, physical, emotional, and financial fitness. The parent should prove they have the time, motivation, and resources to care for the child. The court will compare both parents’ situations and choose the most promising solution.

8. The Skills and Experience of the Child Custody Lawyer

When hiring a lawyer for child custody, parents should consider reputation and experience. These are often the details that make or break a child custody case. An experienced attorney will find ways to prove his or her client’s rehabilitation and commitment to the child. Depending on the specifics of the case, they may be able to show that the other parent is unfit. To win, they will not hesitate to investigate, bring character witnesses, and refer to similar cases.

 

Hire Robert Clark as Your Lawyer for Child Custody in Greenville, SC!

At Greenville Family Law, Robert Clark has been helping parents win child custody for over a decade. He knows exactly what the court cares about and has his clients and their children’s best interests at heart.

Call (864) 729-3900 now to find out all about your criminal history and child custody case! The sooner you hire Robert Clark as your lawyer for child custody, the higher your chances of winning are!