The South Carolina Lawyer Blog

(843) 314-4202

When Does Child Support End in South Carolina? A Complete Guide for Parents

Posted by Hopkins Law Firm | Jul 19, 2022 | 0 Comments

In South Carolina, child support is a critical aspect of ensuring that children's financial needs are met after separation or divorce. However, the duration of child support payments and certain nuances, such as child support arrears forgiveness and support through college, can be complex. If you are wondering when child support ends in South Carolina, whether child support continues through college, or how to cancel child support in SC, this page will answer all your questions.


When Does Child Support End in South Carolina?

Under South Carolina law, child support typically ends when the child reaches the age of 18. However, there are exceptions:

  1. Child Support Duration: In general, the obligation to pay child support ends when the child turns 18 years old, or graduates from high school, whichever comes later. This means if your child turns 18 but is still in high school, support will continue until graduation or until they turn 19, whichever happens first.

  2. Disability: If the child has a disability and is unable to support themselves, child support may continue beyond the age of 18.

It's important to note that any changes to child support payments must be made through a court order. A parent can't unilaterally stop paying child support just because the child reaches adulthood.


Does Child Support Continue Through College in South Carolina?

While South Carolina law does not automatically require parents to pay child support once the child turns 18 or graduates high school, there are some exceptions, particularly when it comes to college tuition and living expenses. Does child support continue through college in South Carolina? The short answer is no, unless specifically stated in the divorce or custody agreement.

In some cases, parents may agree (or a judge may order) that child support will continue to cover the child's college expenses. These agreements typically need to be in place before the child turns 18 and may involve a clear understanding of how tuition, housing, and other college-related costs will be handled. Parents may also be required to contribute to college costs as part of their child support obligations.


How to Cancel Child Support in SC

If you are wondering how to cancel child support in South Carolina, it's important to understand that you cannot simply stop making payments. Child support payments are governed by a court order, and any changes to that order must be approved by the court. If you want to cancel child support or reduce the amount, you must petition the court for a modification.

In some cases, you may be able to modify or terminate child support obligations if:

  • The child is no longer living with the custodial parent.
  • The child reaches the age of 18 (unless still in high school).
  • You can prove that the child is no longer in need of support.

It's crucial to consult with an attorney before attempting to cancel or modify child support to ensure that your request is legally sound.


Child Support Arrears Forgiveness in South Carolina

One common concern among parents who owe back child support is child support arrears forgiveness in South Carolina. While arrears forgiveness may be possible in some cases, South Carolina does not generally forgive child support arrears unless there is a legal basis for it. Here's what you need to know:

  • Paying Arrears: If you owe back child support, the South Carolina Department of Social Services (DSS) may continue to pursue payment through wage garnishment, tax refund intercepts, or even through liens on property.
  • Forgiveness: In rare cases, child support arrears can be forgiven if the custodial parent agrees to forgive the debt, and the court approves it. However, this is not guaranteed, and you must petition the court.
  • Modification of Arrears: If you are experiencing financial hardship, you may request a modification to your arrears through the court. This does not eliminate the debt, but it may make your payments more manageable.

If you're facing arrears or are seeking forgiveness, it is strongly recommended that you work with a family law attorney to understand your options.


Key Takeaways on South Carolina Child Support Laws

  • End of Support: Child support in South Carolina generally ends when the child turns 18 or graduates high school, whichever is later.
  • College Support: Unless agreed upon in a divorce agreement or by a court order, child support typically does not continue through college.
  • Canceling Child Support: You must go through the court system to cancel or modify child support; it cannot be stopped unilaterally.
  • Arrears Forgiveness: Arrears forgiveness is rare in South Carolina but may be possible with court approval if the custodial parent agrees.

About the Author

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Principled. Practical. Personal.

When you have to go to court, you want to know your lawyer will fight for you so you get the best possible outcome. Here at Hopkins Law Firm, our team of personal injury, family law, and criminal defense lawyers has the experience and insights needed to help you present your best case. Our team has helped many clients to protect their future. With locations in Charleston, Pawleys Island, and Myrtle Beach, we can make sure you get the counsel you need anywhere in South Carolina.

Menu