Generally, both parents equally share a duty to support their children although certain circumstances (usually monetary need and ability to pay) may require one parent to financially support the child/children more so than the other.
Support is governed by child support guidelines from the Department of Social Services. These guidelines set the presumptive (i.e. usual, as deviations are rarely granted) amount of child support. The guidelines provide child support calculations based on combined parental income of up to $360,000.00 a year. In the event the combined income exceeds $360,000.00, child support is to be decided on a case by case basis.
Support includes reasonable health care services to be shared by the parents that are either covered or non-covered by insurance. Generally, both parents share these costs on a pro-rata basis based on the parent’s annual income, but the parent with primary custody pays the first $250, not covered by insurance.
Determining the amount of child support can be a challenging matter. There are many factors that the Courts consider as it relates to potential deviations from presumptive support. Additionally, child support can be difficult in the event one parent is under-reporting their income, in the case where people are self-employed, or paid “under the table.”
If you have questions about child support or family law, call the Spartanburg child support lawyers at Holland & Usry toll free at 888-230-1841 to schedule a consultation to discuss your case.
Probably not. Motion hearings are for temporary relief. The law limits the sort of evidence that may be received by the court to pleadings, affidavits, and financial declarations. The rule does state for good cause shown, the court may rely on other evidence of testimony; however, this is very unusual, and rarely occurs.
If you have carefully chosen a skilled and experienced family law attorney to represent you, he will be familiar with the procedures and requirements for the motion hearing. You should not have to worry about presenting evidence or speaking before the court.
Your lawyer will argue your position by presenting the facts sworn to in the affidavits and financial declarations that are submitted to the court. The arguments are brief, usually no more than a matter of minutes. The judge usually does not ask questions directly to the spouses. If the judge has questions, he or she will usually ask the lawyer.
If you are faced with a matter in the family court and need to discuss it with a family court attorney, please do not hesitate to contact the lawyers at Holland & Usry, P.A. toll-free at 888.230.1841 to set up a consultation.