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Calculating Child Support in South Carolina

January 11, 2019

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.

How to Prove That You Deserve Child Custody

November 20, 2018

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.

Co-Parenting Tips for When You and Your Ex-Spouse Don’t Get Along

October 8, 2018

When you have gone through a divorce, it can be difficult to manage co-parenting your children. A Greenville divorce attorney may have helped you arrange a custody agreement. However, you may not see eye-to-eye with your ex. You can effectively co-parent when you don’t get along with your ex-spouse if you keep these tips in mind.

Reduce the Hatred

It can be easy to speak badly about your ex-spouse when do not get along anymore. However, this can negatively affect your child. You want your child to love both their parents. This may mean you have to bite your tongue on some occasions. Keep the backtalk to yourself and let your child know that both their parents love them despite getting divorced.

Don’t Have Expectations

When you and your ex don’t get along, you may feel they don’t hold up their end of the bargain. They may fail to meet your expectations or those of your child. They may not show up when they should or spend time with your child like you want. But, you need to remember that your ex-spouse has their own life now. You have to lower your expectations of them and keep in mind that you are no longer married to them. If they disappoint your child, be their shoulder to lean on.

Remember Your Child

When you think and see things through your child’s eyes, it can be easier to understand how they feel. You have to keep in mind that your child was affected by your divorce. They are hurting too. Remember, when you fight with your ex-spouse it can impact the way your child feels. Keep your child and their feelings in mind as you communicate with your spouse. You two can at least agree to disagree and raise your child right.

You Can’t Control Everything

Since you are no longer married to your ex-spouse, you have no control over what they do. You have to let go of the control. You can only control what you can, and it is not your ex-spouse. Understand that your spouse may not do what you want. You have to know that they no longer have to communicate with you as you wish. Lowering your demands and relinquishing control can allow you both to get along better.

Make Your Time Count

When you do not have full custody of your child, it can be heartbreaking to be away from them. Instead of pining for their companionship, make the time that you are together count. Plan fun activities and talk to your child when you have them with you. Make the moments you can spend together special. This will help you to make the most of your time together and make it easier to be apart. You can always look forward to the fun things you have planned the next time you are together.

How Can A Divorce Lawyer in Greenville, SC, Help?

When a divorce occurs, you need a Greenville divorce attorney to help you with your case. A divorce lawyer in Greenville, SC, can fight for custody of your child. They can arrange a custody agreement that works for you. You do not have to live without your children in your life. A divorce lawyer in Greenville, SC, will fight for your legal rights.

Let your divorce be as easy as possible. Hire a Greenville divorce attorney. They work for you and can make your divorce go easier and quicker. Your divorce lawyer in Greenville, SC will represent you in court. They can provide you with the legal guidance you are looking for with your divorce. They will fight for you and help you with your divorce filing.

There is no reason to delay your divorce any longer. A Greenville divorce attorney can move the process along. They will help you understand the laws for divorce in Greenville, SC. You need help filing for divorce. A divorce lawyer in Greenville, SC is ready to assist you today.

Speak to a Greenville Divorce Attorney Today

When you are looking to file for divorce, you need a Greenville divorce attorney that you can count on. You can trust in the divorce lawyers at Greenville Family Law. They will take your case and help you fight for custody of your child. Let the divorce lawyers at Greenville Family Law be your partner in divorce. Contact us today to set up a consultation. We are ready to assist you now.

Grandparents Custody Rights in South Carolina

September 14, 2018

Getting custody of a grandchild is a complex and challenging process in Greenville, SC. You must follow a set of procedures and policies that govern the right of birth parents as well as grandparents. Having a family custody lawyer in Greenville, SC, on your side in a custody case is beneficial during the process.

As a grandparent, you do not have as many rights as a birth parent. You can gain custody, however, if you can show that the birth parents are unfit to care for their children. In some cases, it is easy to get custody of a grandchild. The birth parents may relinquish their rights as parents and allow you to voluntarily gain custody of their children.

In other cases, gaining custody of a grandchild is more difficult. The birth parents may fight for their rights to keep their children. The laws in Greenville, SC, favor birth parents but look out for the welfare of the child.

As a grandparent, you need to prove that a birth parent is no longer capable of caring for their children. This means that the birth parents are lacking in their parenting skills due to issues in their life.

There may be drug or alcohol use that prevents them from being a good parent to their child. They may have financial problems that prevent them from providing for their children. Or, the birth parents may abuse their children.

Gaining custody of a grandchild will allow a grandparent to make medical, financial, and educational decisions for the child. Without custody, a grandparent has no rights and cannot make these important decisions for their grandchildren.

To obtain custody of a grandchild, it is recommended that you speak to a family law attorney in Greenville, SC. They can file the motion on your behalf to seek custody from the birth parents. They also will build a case against the birth parents to show their inability to care for their children.

In some custody cases in Greenville, SC, the grandparents are awarded temporary custody. This allows the grandparents to care for their grandchildren until the birth parents can resume these responsibilities. The court will then determine when the birth parents can have custody of their children once again.

Grandparents also have a right to their grandchildren who are in foster care. Grandparents, with the help of a family custody lawyer in Greenville, SC, can seek custody by petitioning the court. Keep in mind that the Greenville, SC court system always seeks the best interest of the child. In most cases, it is best that the child is placed with family rather than in a foster care environment.

Grandparents also have the right to become de facto custodians of their grandchildren. By proving to the court that they are the primary caregiver and financial provider, they can gain custody. The grandparent must have cared for a child for at least six months if they are under age three. They must have cared for them for at least one year if they are three years old or older. Speaking to a family custody lawyer in Greenville, SC can help you better understand your rights as a grandparent.

The Help You Need from a Family Law Attorney in Greenville, SC

As a grandparent seeking custody of a grandchild, you want to work with a family law attorney in Greenville, SC. There are motions to file, hearings to attend, evidence to present, and a decision by the court to contend with.

Your family custody lawyer in Greenville, SC, can help you with the process of filing for custody of your grandchildren. They will answer all your questions about your custody rights. They will fight to win your case. You can count on your family custody lawyer in Greenville, SC, to help you get custody of your grandchildren.

Contact a Family Custody Lawyer in Greenville, SC, Today

If you are a grandparent seeking custody of a grandchild, you need a family custody lawyer in Greenville, SC. The family law attorneys at Greenville Family Law can help. They will advise you of your legal rights and help you fight for custody of your grandchildren. You can count on the family law attorneys at Greenville Family Law no matter the circumstances. Contact us today to discuss your case with a consultation. We are ready to assist you now.

Can a Criminal History Affect a Child Custody Case in Greenville, SC?

July 15, 2018

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!

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Greenville, SC 29605-2727

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Email: RClark@generalac.com

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