DIVORCE, CUSTODY & FAMILY LAW

Alimony & Child Support — Frequently Asked Questions

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This information is for general educational purposes only and does not constitute legal advice. Every case is different. For advice specific to your situation, schedule a consultation with a licensed South Carolina family law attorney.

Below are answers to the most common questions our clients ask about alimony (spousal support) and child support in South Carolina.

For additional information, see our video on how alimony is calculated in South Carolina.

41. How is child support calculated?

Child support is based on the South Carolina Child Support Guidelines (Schedule A), which use a formula involving both parents' gross incomes, the number of other children in the home, health insurance costs for the children, and work-related daycare costs.

42. Does alimony affect child support?

Yes. Alimony is calculated first. If alimony is paid, the amount is deducted from the payor's gross income and added to the recipient's gross income for the child support calculation.

43. Is alimony tax-deductible?

No. Under the Tax Cuts and Jobs Act of 2017 (effective for divorce agreements executed after December 31, 2018), alimony is no longer tax-deductible for the payor nor taxable income for the recipient.

44. How long does alimony last?

For marriages under 10 years, permanent alimony is rare. It is often used as a negotiating tool or restricted to a short duration (rehabilitative alimony). For long marriages, permanent periodic alimony is possible and is one of several types of alimony available under the statute.

45. Can I get alimony if I cheated?

No. Adultery is a complete, statutory bar to receiving alimony in South Carolina.

S.C. Code Ann. § 20-3-130(A); Doe v. Doe, 286 S.C. 507, 334 S.E.2d 829 (Ct. App. 1985). In Doe, the Court confirmed that adultery operates as an absolute bar to alimony, but held that where the innocent spouse condones the adultery, the statutory bar is removed and alimony may be awarded.

If you have questions about the issues discussed on this page, call (803) 587-0472 or email Nick@NDMLaw.com to schedule a consultation with Attorney Nick Mermiges.