Child support payments do not automatically stop when your kids turn 18. You need a court order to make them stop.
I was divorced in South Carolina in 1994. My wife was awarded custody of our two children and I was ordered to pay child support. I did so dutifully for 16 years with each payment being automatically deducted from my paycheck. The law in South Carolina essentially states that child support will be paid until the child reaches 18 years of age. It can be extended if the child is still in high school.
After my youngest turned 18 and both kids were out of school, I tried to get out of paying child support. I called Family Court and was told that I would need an attorney to change the original court order. I called several attorneys but all wanted a retainer up front and estimated the total cost at around 5-10 grand. It's nearly impossible to come up with that kind of money when you're paying child support. I couldn't afford an attorney until I stopped paying child support but I couldn't stop paying child support until I could afford an attorney. A classic Catch-22. I called Family Court again to try to explain my situation better but was again told that I would need an attorney. I tried to find an attorney that would allow me to make payments using the money that would have gone to child support for however long it would take to pay them back, but none were interested.
For anyone who may be in a similar position, I'll let you in on a little secret. If your children are 18 and not enrolled in school - YOU DON'T NEED AN ATTORNEY!!!! Go to Family Court and ask to fill out an affidavit to stop paying child support. The official name of the document is "Motion and Affidavit in Support of Termination of Child Support Based on Emancipation". You can pick it up there or you can find the form online here. My divorce was done in Charleston County so I went to the courthouse downtown. It is a little bit of a maze so just ask the security personnel where the Family Court Child Support office is. They'll point you in the right direction. When I got to the right window, they even helped me fill it out!
You will need to bring copies of your childrens' birth certificates which you can get from your local DHEC office if you don't have them. They usually cost about $12 each. You will also need to bring some kind of proof that your 18 year old children are not enrolled in school. If they are 19 or older, they don't care.
Once you fill out the affidavit, the clerk will give it to the judge the next time they are on the bench. In my case, it was the same morning. They will mail you a copy of the signed order and also send another copy to the other parent of the children. The other party has 30 days to respond in which case they will have to establish that the child is still attending high school, has a physical or mental disability, or that there was a pre-existing order to the contrary. I cannot offer any advice if the other party files a motion to continue payment.
I hope this information helps anyone who has faithfully and dutifully paid child support and are now eligible to stop paying but are told to get an attorney. Maybe it will save you some of the grief and countless extra months of paying that I had to endure. I would love to hear some feedback. Just send me an e-mail at mackster66@hotmail.com or post a comment below.
