In South Carolina, child support generally comes to a close when the child turns 18 years old or when he or she finishes high school, whichever lasts longer.
But there are situations when child support obligation can continue beyond the child’s eighteenth birthday.
It is therefore crucial for those who are parents with noncustodial children to have an understanding of when these exceptions occur and why.
This blog looks at the general guidelines, and the legalities involved in paying child support for a child above 18 years of age in South Carolina.
General Rules on Child Support Termination at Age 18
In South Carolina, the age of emancipation is generally 18 years and this is the age at which child support is usually terminated.
However, there is an important exception to this rule. If the child is still in high school, child support may be paid until the child either drops out or reaches the age of nineteen.
This extension is meant to ensure parents keep funding their child’s education and all-round welfare as they approach the last years in high school. It is also important to note that child support guidelines do not come to an end automatically.
Parents have to act and to do that, they have to inform the court or the South Carolina Department of Social Services (SCDSS) to halt the payments when the child is of the right age or when he or she has graduated.
Exceptions to the General Rule on Child Support Termination
There are, however, general exceptions to the general rule in relation to cross-border Insolvency.
The age limit for child support in South Carolina is 18 when the child is not in high school or 19 when the child is in high school, however, there are circumstances that require the parents to continue supporting the child beyond these ages.
Children with Disabilities
Child support may go on for as long as the child is dependent, and if a child is disabled and cannot gain employment in the future, then child support will go on into eternity.
South Carolina courts understand that children with physical or mental disabilities may require periodic financial support, and sometimes even in adulthood. In such cases, the court may order the parent who has been denied physical custody to continue contributing towards the child’s expenses such as food, shelter, medical bills, and the like.
Letters or Contracts or Court Judgments
The law of South Carolina also allows the parents to set a different period for child support other than the legal age of termination.
It is common when both parents agree and contribute towards the college tuition fees or any other needs of the child in post-secondary education. If the parents agree to it, it may be written into a consent order which forms part of the law of the country.
Likewise, a court may order higher child support for special reasons, which means that the child shall be provided for after attaining the age of eighteen years.
Child Support for Education Expenses
There are no legal provisions in South Carolina that make parents legally obliged to pay for their child’s college costs.
Nevertheless, it is possible to require parents to share those expenses in some situations if this is justified and rationalized by the court.
College Contributions
Several factors may influence the court while determining whether or not to compel parents to pay for college fees of a child.
Some of these considerations may include the financial status of the parents, the scholastic performance of the child, and whether the child should attend college or not. The parent’s capability to pay these expenses, and the child’s requirements, will be assessed before any decision is made.
While it is fairly rare for the court to mandate the payment for college expenses, some parents may consider contributing to college costs as part of the child support agreement.
However, they can be built into the court’s order and thereby become enforceable legal provisions of the agreement.
Such agreements are particularly beneficial for families, where both parents have been friendly and cooperative throughout the process of child custody; these agreements can help the child get an education without putting the burden of financial obligations on the back of a single parent.
Modifying Child Support After Age 18
Child support may also be altered after the child attains the age of 18 in some circumstances.
For instance, where the exceptions apply, or where there has been a substantial change in either parent’s financial situation while establishing or modifying a child support order.
Filing for Modifications
If a parent feels that their child’s circumstances have changed for instance, due to disability further education, or financial need, the parent is legally allowed to request the court for a change of order on the current child support.
Likewise, if the paying parent is earning significantly less than before, then he or she will apply for a downward review of child support payments. In either case, the circumstances change, and the court will review whether it is time to make a change.
Petitioning the Court
To change the child support when the child is already 18 years old and above, the requesting parent has to file a motion. This process involves filling out the correct forms as well as providing supporting documents that will support the need for the adjustment.
The court will then consider the request and could even summon a session to determine the merit of the claim before arriving at a decision.
How Child Support for Disabled Adult Children is Determined
Thus, child support can be continued up to the age of eighteen for a child with disabilities provided such a child cannot support himself.
In such circumstances, the court ensures that it takes cognizance of the peculiarities of an adult child in order to determine the quantum of support to be awarded.
Criteria for Support
With the help of ( DDSN ), the courts consider the kind and severity of the disability in order to assess how much support the child will require in the future.
This consists of the child’s health status, ability or disability, and degree of need for support from the caring parent. It is to guarantee that a child has a proper living and medical condition for the requirements in therapy and other personal costs.
Long-Term Financial Support
Disabled adult children, therefore, may need long-term financial planning. On other occasions, the court will order the creation of a trust or an elaborate payment plan to guarantee the child’s support for their entire lifetime.
This can include but is not limited to, medical treatments, education, and any future care that may be required especially when the custodial parent is unable to directly manage the child.
Such an agreement of child support guarantees that an adult dependent child has all that they require for the rest of their lives, irrespective of whether a parent’s financial situation has improved or worsened.
Terminating Extended Child Support in South Carolina
Although extended child support is meant to support the child in the event their other parent will not be able to support them permanently, there are situations when it can be stopped.
When Support Ends
Most of the time, the child support is actually 18 years of age or graduation from high school if the child is not disabled. But where support has been paid on the basis of disability or otherwise where special circumstances existed, the payment is made until the court orders otherwise.
For instance, if a disabled adult child is able to find a job, gain employment become financially independent, or require less support, the non-custodial parent may approach the court to modify the child support order.
Filing to Terminate Support
To end the child support after a long time, the paying parent must first write a petition to the court. The parent is required to prove that the child is no longer dependent or needs less support from such parent.
The court will also consider certain circumstances such as medical condition, financial independence among other things in order to come up with a final decision.
There is always a need for parents to know that even if the child is no longer a child, there is no way that support order will be vacated without prior approval of the court.
Why You Need Our Family Lawyer
When it comes to navigating child support for children over 18, the guidance of an experienced family law attorney can make all the difference.
At Max Hyde Law Firm, we understand the intricacies of South Carolina’s child support laws and can help you navigate your obligations or rights in extended child support cases.
Specialization in Additional Child Support Matters
It is not always easy to determine when a child is emancipated and no longer entitled to child support according to family law, most especially when the child is a student or physically challenged.
Our family lawyers have practiced for several years in South Carolina, and they know the laws regarding child support.
Support for Modifications and Enforcement
If for any reason you need to change the child support order or to collect other obligations for a child over 18, we will be able to assist you in this.
We will also help in the filing of the petition, and collection of documents and will be present in court to defend you.
Funding College Expenses through Bargaining
Even in cases where you and your child’s other parent are willing to pay for college costs, we can assist in creating binding documents that meet your needs.
Our attorneys will make sure that all the legalities of the agreement are well understood and readily enforceable to leave you at ease as your child furthers his or her education
Securing your financial interest
In extended child support cases, one has to consider the child’s need while at the same time thinking of the amount they are supposed to pay.
Our team will discuss with you effectively, how to safeguard your financial interest while making sure the child receives the required assistance.
Feel free to call us at 864-804-6330 for a free consultation to learn, how we can help you with Child Support issues.