Raising a child is a shared responsibility emotionally, legally, and financially. For unmarried parents in South Carolina, questions about child support often come with added confusion. How is support established? Does it automatically mean the father has rights? What about custody or visitation?
South Carolina law provides specific processes and protections for unmarried parents, but the answers are not always intuitive. Below, we break down what unmarried parents need to know about child support, paternity, custody and visitation, and how to move forward confidently.
Child Support Applies Regardless of Marital Status
Under South Carolina law, both parents are legally obligated to support their child, regardless of whether the parents were ever married. (See, S.C. Code Ann. §63-3-530(A)(17). The focus of the law is the best interests of the child, not the parents’ relationship.
If parents are unmarried and living separately, child support must typically be formally established through either:
- The South Carolina Department of Social Services (DSS), or
- A private family court action.
Until child support is legally established, there is no enforceable obligation, even if one parent has been voluntarily supporting financially.
The updated South Carolina Child Support Guidelines
South Carolina uses statutory Child Support Guidelines, found on the DSS website here, to calculate child support. These Guidelines were updated effective January 15, 2024, and apply to all new cases and modifications unless the court finds that deviation is appropriate.
The Guidelines consider factors such as:
- Each parent’s gross monthly income
- Health insurance costs for the child
- Work-related childcare expenses
- Other dependents in the home
- The number of overnights each parent exercises (in shared custody cases)
- Support obligations for other children
South Carolina generally follows an income shares model, meaning the child should receive the same proportion of parental income that would have been available if the parents lived together.
Courts may deviate from the Guidelines, but only with written findings explaining why deviation is in the child’s best interest. (See S.C. Code Ann. §63-17-470(B))
Establishing Child Support Through DSS
One option for unmarried parents is to go through the South Carolina Department of Social Services Child Support Services Division.
DSS can help with:
- Establishing child support
- Enforcing existing child support orders
- Modifying child support based on changed circumstances
- Establishing paternity (if disputed)
Important limitations of DSS
DSS does not represent either parent. Instead, it represents the interests of the State of South Carolina. DSS also:
- Does not address custody or visitation
- Has limited ability to tailor agreements
- Often moves more slowly than private cases due to high caseloads
DSS cases can be appropriate in straightforward situations, especially where parents agree on most issues or where financial resources are limited.
Establishing Child Support Through a Private Family Court Action
Alternatively, either parent may file a private action in South Carolina Family Court to establish child support.
This route offers more flexibility and often allows issues to be resolved more comprehensively, including:
- Child support
- Paternity
- Custody and visitation
- Allocation of expenses (medical, extracurricular, childcare)
A private action is often preferred when:
- Custody or visitation is disputed
- One parent wants a customized parenting plan
- There are concerns about relocation, education, or decision-making
- The parties want faster resolution or negotiated arguments
Does Child Support Establish Paternity?
Not automatically, but it does go hand-in-hand.
For unmarried parents, paternity must be legally established before child support can be ordered against a father. See, S.C. Code Ann. §63-17-10
Paternity may be established by:
- A signed Voluntary Paternity Acknowledgment
- Court-ordered genetic testing
- A judicial determination in Family Court
DSS cases typically address paternity if it has not already been established. In private actions, paternity is usually one of the first issues resolved.
Once paternity is established, the father gains not only obligations, but also the ability to seek custody and visitation.
Does Child Support Decide Custody or Visitation?
No. Child support and custody are legally separate issues.
A common misconception is that paying child support automatically grants visitation rights or that denying visitation excuses child support. Neither is true.
South Carolina courts are clear:
- Child support is not contingent on visitation
- Visitation cannot be withheld due to nonpayment of support
That said, in a private family court action, child support, custody, and visitation are often addressed in the same case for efficiency and clarity.
Can Child Support Be Modified Later?
Yes. Child support orders can be modified upon a showing of a substantial change in circumstances, such as:
- Job loss or significant income change
- Increased childcare or medical expenses
- A change in the parenting schedule
- Application of the updated Guidelines
Informal agreements between parents do not modify court-ordered child support and can lead to arrears if not properly approved by the court.
Why Legal Guidance Matters
For unmarried parents, child support issues are rarely isolated. Decisions about support often affect
- Parental rights
- Long-term custody arrangements
- Educational and medical decision-making
- Financial stability for both parents and the child
An experienced South Carolina family law attorney can help ensure:
- Support is calculated correctly under the current guidelines
- Paternity and parental rights are properly addressed
- Orders are clear, enforceable, and tailored to your family’s needs
Child support for unmarried parents in South Carolina is governed by clear laws, but the process and implications can be complex. Whether you are seeking to establish support, protect your parental rights, or modify an existing order, understanding how child support fits into the bigger legal picture is critical.
If you have questions about child support, paternity, or custody, consulting with a knowledgeable family law attorney can help you move forward with confidence and keep the focus where it belongs: on the best interests of your child.
If you are in need of assistance, the attorneys at Collins Family & Elder Law Group can help.
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