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The short answer is that child support arrears or overpayments can't be retroactively decreased, but in some circumstances, back child support or increases in child support can be made retroactively. If you would like us to review your particular case, please contact the family law attorneys at Futeral & Nelson.
In general, the family court judge does have the discretion to award retroactive child support, and, as in all family court cases, the best interest of the children is paramount.
Enforcement of past due child support in South Carolina is not subject to a statute of limitations.
You may stop paying child support when you receive a signed order from a family court judge ending your responsibility to pay child support. You can request to stop your child support payments because your child is emancipated (e.g., your child has turned 18, is married, becomes self-supporting, etc.).
Form 216 - General Answer to a Petition for Dissolution of Marriage with Children, Form.
You may stop paying child support when you receive a signed order from a family court judge ending your responsibility to pay child support. You can request to stop your child support payments because your child is emancipated (e.g., your child has turned 18, is married, becomes self-supporting, etc.).
Support generally continues until the child is 18 and has finished high school or at the end of the school year that the child turns 19. Support can continue for exceptional situations such as college or if the child is disabled. Child support does not end automatically.
In South Carolina, parents have a legal obligation the duty to support their minor children financially until they turn eighteen, become emancipated, or graduate from high school otherwise known as ?child support.? Child support is paid by a non-custodial parent for the support of his or her children.