What happens at a child support review when we share equal custody and my income has changed? – South Carolina

Short Answer

In South Carolina, a child support “review” is usually a hearing (or conference) where the Family Court or the child support agency updates the numbers used in the child support guidelines—especially each parent’s income, childcare costs, health insurance costs, and the parenting-time schedule. With a true 50/50 schedule, the guideline worksheet can change the amount owed, but equal custody does not automatically mean “no child support.” If income has dropped due to a job termination, the decision often turns on whether the unemployment is temporary and involuntary, and what income the court believes should be used going forward.

Understanding the Problem

In South Carolina, when parents share equal physical custody, a child support review asks a narrow question: can child support be adjusted based on the current parenting schedule and updated financial information? The key trigger is a scheduled review or hearing where the court (or the child support agency in a support case) checks whether the existing withholding amount still matches the guideline calculation. When one parent’s income has recently changed, the review often focuses on what income should be used right now and whether the change is expected to last.

Apply the Law

South Carolina uses child support guidelines, and the guideline amount is presumed to be the correct amount unless a party proves the guideline result would be unfair in the specific case. The court can also deviate from the guideline amount, but it must support that decision with specific findings. In a modification setting, the court generally looks for a meaningful change in circumstances before changing an existing support order, and the process typically runs through the South Carolina Family Court (or through the child support agency first in certain cases).

Key Requirements

Updated financial inputs: Each parent’s current income (and sometimes earning capacity), plus allowable adjustments like other support obligations, can change the guideline result.
Accurate parenting-time schedule: The number of overnights and whether the schedule is truly shared can affect which worksheet applies and how the guideline amount is calculated.
Proof and documentation: The court or agency typically expects paystubs, tax forms, proof of job loss, proof of job search, childcare receipts, and health insurance premium information so the calculation is based on reliable numbers.

What the Statutes Say

S.C. Code Ann. § 63-17-470 (Child support guidelines; deviations; modification factors) – Creates a presumption that the guideline amount is correct, allows deviations with written findings, and lists factors the court may consider when deciding whether a change justifies modification.
S.C. Code Ann. § 63-17-830 (Modification of orders; child support agency process) – Describes how a modification request can be initiated through the child support agency and notes that only future payments can be modified.

Analysis

Apply the Rule to the Facts: With a 50/50 custody order already in place, the review is likely to focus on whether the current withholding matches the guideline calculation for shared custody using both parents’ current incomes. A recent job termination can change the income input, but the court will usually want documentation showing the termination was involuntary and what income is realistically available now (for example, unemployment benefits and active job search efforts). If the evidence shows the income drop is real and not an attempt to avoid support, the guideline amount may decrease; if not, the court may use a higher “earning capacity” number instead of current income.

Process & Timing

Who files: Either parent, or the child support agency in an agency-handled case. Where: South Carolina Family Court in the county where the case is pending, or through the South Carolina child support agency process if the case is being handled as a Title IV-D support case. What: Updated financial declaration and supporting documents (commonly pay records, tax records, proof of childcare and health insurance costs, and proof of job loss). When: By the deadline in the hearing notice or scheduling order; if documents are not exchanged on time, the court may continue the hearing or rely on limited information.
At the review/hearing: The decision-maker confirms the custody schedule being used for the calculation, reviews each parent’s income information, and applies the guideline worksheet. If a parent is unemployed, questions often focus on the reason for job loss, current benefits, and job search efforts.
After the hearing: The court issues an order setting the support amount and, if applicable, wage withholding terms. If the amount changes, the new amount typically applies going forward rather than changing past-due amounts.

Exceptions & Pitfalls

Equal custody does not automatically eliminate support: Even with 50/50 time, support can still be ordered depending on the parents’ incomes and child-related expenses.
Unemployment can be treated differently depending on the reason: An involuntary termination supported by records often gets different treatment than quitting or reducing hours without a strong reason. Missing documentation can lead to a higher income being used than the current “zero” paycheck.
Do not assume the review is about custody: A child support review is usually focused on support numbers. Custody changes typically require separate pleadings and a separate “best interests” analysis, even if the parents are arguing outside of court.
Do not wait for the hearing to prepare: Late financial disclosures, incomplete proof of childcare/insurance, or unclear evidence of the parenting schedule can lead to an unfavorable calculation or a continuance.

Conclusion

At a South Carolina child support review in a 50/50 custody case, the court (or agency) typically recalculates support using the guideline worksheets and updated information about both parents’ incomes and child-related costs. A recent job termination can reduce the income used in the calculation if the evidence shows the loss was involuntary and the current income picture is documented. The most important next step is to file and serve a complete, updated financial disclosure with proof of the income change by the deadline stated in the hearing notice.

Talk to a Family Law Attorney

If a child support review is coming up and income has changed in a 50/50 custody schedule, a family law attorney can help organize the right documents, present the income-change story clearly, and make sure the guideline calculation uses the correct parenting-time and expense inputs. For related custody-order issues, see paperwork needed to turn a custody agreement into a court order in South Carolina and how contempt filings work when a custody order is not being followed.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.