Federal Child Support Law Issues

Sad afroamerican girl hugging an adultIn some situations the federal government has no legal authority to compel a state to implement certain policies and laws.  The federal government can, however, induce practically all state governments to implement policies and laws by throwing money at the issue.  Uniformity or near uniformity of child support laws and enforcement of child support laws is one particular area in which the federal government found it important to create near uniformity.  The Social Security Act of 1975 created what are called “Title IV-D” agencies – child support support enforcement agencies.  Under Title IV-D, the federal government provides block grants to states that create, implement and administer child support programs in conformity with “major design features” of federal law.

Federal Oversight

The Federal Department of Health and Human Services is the agency that is statutorily enabled to implement and enforce funding under Title IV-D of the Social Security Act of 1975.  The Department of Health and Human Services promulgates regulations that further define the broad policy considerations that the Social Security Act of 1975 speak to.  For example, 42 C.F.R. § 302.56(c) states the minimum considerations state child support laws must adhere to in order to obtain federal funding.  Another example is that states must review, although not necessarily revise, state child support guidelines, at least every four years, to ensure “appropriate child support award amounts.

Child Support Obligations In South Carolina

Determining child support obligations can be surprisingly difficult.  Certainly, some cases are rather easy, when one or both parents earn a set salary and there is a simple custodial arrangement.  The state has set up a website for preliminary child support amounts here with guidelines found here.  In some situations, when both parents work and own personal businesses, it is difficult to determine what the parents’ income actually is.  To further complicate matters, on occasion parents may have child support obligations from former relationships and even more children from subsequent relationships.  Special needs, childcare for a working parent and other considerations all factor into the final child support obligations.

It is important to understand your rights and obligations to child support as a parent in South Carolina. Ultimately, if one spouse is required to pay child support as per the divorce agreement, he or she must do so in a timely manner or face penalties. Conversely, the recipient spouse has a right to child support according to the agreement; if he or she doesn’t receive compensation, he or she should speak to an attorney for help.

Family Law Help in Greenville

If you are in a situation that requires you to apply for child support, you need an experienced and compassionate family law attorney.  Robert A. Clark is a family law attorney with extensive experience dealing with these issues with verve and sympathy.  If you want to seek child support or a modification of your current agreement, or you would like to speak to a lawyer about other aspects of family law, contact us to leave a simple legal inquiry or to setup an appointment.  We look forward to hearing from you.

Share on facebook
Share on twitter
Share on linkedin
Share on reddit