In South Carolina you can get, or set up to pay, child support in two main ways: apply to the state's Child Support Services program at the Department of Social Services, or bring (or settle) a case in Family Court, often as part of a divorce or custody case. The amount is figured under the same statewide guidelines either way; what differs is what else gets decided, how much control you have, and whether anyone is representing you.

Maybe the children live with you and the other parent helps when they feel like it, which is less and less often. Or you are the other parent, and you want to pay what is fair, on paper, so nobody can say later that you did not. Here is how the two routes compare, and how the money actually moves once there is an order.

The amount is the same either way

South Carolina sets child support with statewide guidelines. Under S.C. Code § 63-17-470(A), there is "a rebuttable presumption" that the guideline amount "is the correct amount of child support to be awarded." A different amount may be awarded only on a showing that the guidelines would be "unjust or inappropriate" in that case, and when an award varies significantly from the guidelines, the court must make specific, written findings explaining why. We walked through the math in how child support is calculated in South Carolina.

Route one: DSS Child Support Services

The state program is not limited to families on public assistance. DSS describes its work as "locating parents, establishing paternity, establishing, modifying, and enforcing support obligations," and its website states that it is free to apply. You do not need a custody order to apply. DSS notes that you do not have to have formal legal custody, but the child does have to live with you. A parent whose child does not live with them can also apply, to establish paternity.

DSS can set support through an administrative process instead of a full court hearing. If the parents agree at a negotiation conference, DSS issues a consent order, which is filed with the clerk of court and, under § 63-17-750(B), "shall have all the force, effect, and remedies of an order of the court including, but not limited to, income withholding and contempt of court."

The tradeoff is scope. DSS works on child support and paternity. It does not decide custody, visitation, alimony, or the division of property, and it does not act as either parent's lawyer.

Route two: a case of your own in Family Court

Most child support in divorce and custody cases is set in Family Court, alongside everything else. That has real advantages. Support, custody, and the parenting schedule are decided together, which matters because the number of overnights affects the calculation. The parents can negotiate details the guidelines do not settle, such as activities, private school, and who carries health insurance. And support can be set early, at a temporary hearing, rather than waiting for the end of the case.

If the parents agree, the agreement still has to be approved by the court to become an enforceable order. An amount that departs from the guidelines needs a reason the court accepts. Agreeing to it is not, by itself, enough.

If the parents were never married, paternity may need to be established first. We explained how that works in who has custody if parents are not married in South Carolina.

How paying and collecting work once there is an order

By default, a new order is paid by income withholding, where the payment comes straight out of the paying parent's wages. Under § 63-17-1420(A), income is subject to immediate withholding as of the effective date of the order, unless the court finds good cause not to require it or the parents reach a written agreement providing for another arrangement.

When withholding takes effect on an order that previously allowed direct payment, § 63-17-1430(B) provides that the direct-payment provisions "are superseded by the withholding process," and support must be paid "through the State Disbursement Unit."

Some orders do allow direct payment between parents. If yours does, keep a record of every payment, by check or electronic transfer, never cash with no receipt. A clean payment history protects the parent who paid and gives the parent who was not paid something to enforce. If payments stop, the clerk of court's delinquency process, income withholding, and contempt are all available. We covered those in what to do if your ex stops paying child support.

When you still need your own attorney

DSS can be a sensible route when support is the only open question and the facts are simple. It is a poor fit when:

• custody, visitation, or the parenting schedule is also unsettled;
• there is a divorce, alimony, or property to divide;
• either parent's income is hard to pin down, such as self-employment, a business, commissions, or a claim that someone is earning less than they could;
• you want something the guidelines do not cover, such as private school, extracurriculars, or college; or
• you are the paying parent and want your side of the numbers presented.

In those situations, child support is one piece of a larger set of decisions that affect each other, and someone should be looking out for your interests across all of them. Whichever route you use, the order is the order. If circumstances change, the way to change the amount is to ask the court, not to pay less, or accept less, by handshake. See what parts of a South Carolina divorce decree can be changed.

Stevens Family Law, LLC is devoted exclusively to family law, and our attorneys handle child support matters in Family Courts across South Carolina. Choosing the right route at the start saves time and money, and it means the support order fits the rest of your case rather than fighting it. Call us at (864) 598-9172, or start with our consultation form.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. DSS Child Support Services procedures change from time to time, so confirm current application requirements with the department.