Imputing Income in South Carolina Child Support Cases: Voluntary Unemployment Explained
If a parent intentionally quits their job or refuses to work to lower their child support, South Carolina family courts can "impute" (assign) income to them. This means the judge will calculate child support based on what the parent should be earning, not what they are actually earning.
Understanding Voluntary Unemployment in South Carolina
Child support in South Carolina is primarily based on the gross income of both parents. Unfortunately, some parents try to game the system by quitting a high-paying job, taking a demotion, or refusing to look for work to avoid paying their fair share. When a parent does this, the law provides a solution: imputing income. Under S.C. Code Ann. Regs. § 114-4720, a family court judge has the authority to calculate child support based on a parent's earning capacity rather than their actual current income. If you are dealing with a co-parent who is intentionally underemployed in Columbia, Greenville, or Charleston, hiring an experienced family law attorney from our US Attorney Directory can help you hold them accountable in court.
Step-by-Step Process for Imputing Income in SC
Proving that your ex is voluntarily unemployed requires gathering solid evidence and presenting it formally to a South Carolina Family Court.
Step 1: Gathering Employment Evidence
Your attorney will start by collecting evidence of the other parent's work history. This includes their past W-2s, pay stubs, tax returns, and professional licenses. If they recently quit a $70,000-a-year job to work part-time at a fast-food restaurant, this paper trail proves their true earning capacity. You can also gather text messages or emails where the parent admits they are working less to lower their child support.
Step 2: Filing the Modification or Initial Action
If there is already a child support order in place, your attorney will file a Summons and Complaint for Modification in your local family court, such as the Richland County Family Court, Columbia or the Greenville County Family Court, Greenville. You will also need to submit a completed Form SCCA 430, South Carolina, Judicial Department, Financial Declaration outlining your own income and expenses.
Step 3: Proving Bad Faith or Earning Capacity
During the hearing, your lawyer will argue that the parent's unemployment or underemployment is voluntary. Under South Carolina precedents like Kelley v. Kelley, 324 S.C. 481 (SC Court of Appeals 1996), a parent cannot force a reduction in child support by intentionally quitting a job or taking a lower-paying position without a highly valid reason. The judge will look at the local job market and the parent's education to decide how much income to impute.
Stay-at-Home Parents vs. Bad Faith Unemployment
South Carolina courts treat a stay-at-home parent differently than someone acting in bad faith. If a parent has historically stayed home to raise young children-especially children under the age of six-the court may decide not to impute income to them immediately, or they may impute income at a standard minimum wage level. However, if a parent suddenly decides to become a stay-at-home parent right after a divorce or separation to avoid paying support, the judge will likely view this as voluntary unemployment and impute income based on their past career.
Fired for Cause vs. Laid Off
Why the parent lost their job matters immensely. If a parent is laid off because a factory in Spartanburg closed down, the court generally views this as involuntary. In this case, the court might temporarily lower child support while they look for a new job. However, if the parent was fired "for cause"-such as failing a drug test, stealing from the company, or chronic absenteeism-the court often treats this as voluntary unemployment. The logic is that the parent's own bad actions caused the job loss, so the child should not suffer financially.
How Courts Determine Earning Capacity
If a judge decides to impute income, how do they pick a number? They look at the parent's education, specialized training, past work history, and the current job market in their specific South Carolina county. If the parent has absolutely no work history or specialized skills, the judge will typically impute income at the current federal minimum wage for a 40-hour workweek. They will then use this imputed number on Form DSS 27151, South Carolina, DSS, Child Support Guidelines Worksheet A to generate the final monthly support obligation.
How Much Does it Cost in South Carolina?
Litigating a child support case involves a few standard costs:
| Type of Expense | Estimated Cost in South Carolina |
|---|---|
| Family Court Filing Fee | Generally $150 to file a formal modification or initial support action. |
| Attorney Fees | Usually billed hourly at rates between $250 and $450 per hour. |
| Vocational Expert (Optional) | $1,500 to $3,500 to hire an expert to testify about the parent's true earning potential. |
How Long Does the Process Take?
Filing a modification action in South Carolina family courts can take time. Once the paperwork is filed, it usually takes 3 to 6 months to get a final hearing date before a judge, depending on the backlog in your specific county. If the other parent actively hides evidence of side jobs or cash income, the discovery process can stretch the timeline closer to 9 months.
Frequently Asked Questions (FAQ)
What if my ex works entirely for cash under the table?
Working for cash to avoid reporting income is illegal. Your attorney can subpoena bank records, lifestyle expenses (like expensive car payments or vacations), and witness testimonies to prove to the judge that the parent is making more money than they claim.
Will the court impute income if the parent is disabled?
Generally, no. If a parent can provide legitimate medical documentation proving they are physically or mentally unable to work, the court will not impute income, though they will consider any Social Security Disability (SSDI) benefits as income.
Can income be imputed to a parent who goes back to college?
Yes. If a parent quits a full-time job to attend school, South Carolina courts often view this as a voluntary reduction in income. While getting a degree is positive, a parent cannot fund their education at the expense of their child's financial support.
How is minimum wage imputed?
If a parent is capable of working but has no job history, the judge will typically calculate their gross monthly income by multiplying the current minimum wage by 40 hours a week, and then by 52 weeks, dividing by 12 months.
No reviews yet. Be the first to share your experience!