Modifying Child Support After Job Loss, Disability or Incarceration in South Carolina

By the FigureMyTax Editorial Team · How we calculate

South Carolina child support does not drop on its own after a job loss. File with the family court, because only payments after the modification can change; we found no statute that suspends support during incarceration.

Can you lower child support after a job loss in South Carolina?

Yes, by asking the family court. A job loss can be a substantial change in circumstances, but you must file: the order does not change on its own, and only payments accruing after the modification can change (S.C. Code 63-17-830(C)).

Does incarceration change South Carolina child support?

We found no statute in the sections we read that suspends support during incarceration or that treats it as voluntary unemployment. Federal rules say incarceration should not be treated as voluntary unemployment when setting or modifying support (45 CFR 302.56(c)(3)). File promptly, because arrears accrue meanwhile.

What if I receive disability or public assistance?

Income for withholding purposes excludes public assistance payments (63-17-1410(4)). A change in your income is a ground to ask for modification, but the order stays until the court changes it.

Will the agency keep collecting while I wait?

Yes. A request for modification does not preclude the division from enforcing and collecting on the existing order pending the modification proceeding (63-17-830(B)).

Do the guidelines bind the court?

The guidelines are a rebuttable presumption, but the court keeps the discretion and independent duty to decide whether the amount is reasonable and in the child’s best interest (63-17-470(D)). Bring evidence of any special expenses.

Does overtime or a second job count?

Income means any periodic payment regardless of source (63-17-1410(4)), so wages from a second job and bonuses count for withholding, while public assistance does not. Report every source of income.

What counts as income for withholding?

Any periodic form of payment regardless of source, including wages, salary, commissions, bonuses, independent contractor pay, workers’ compensation, disability, annuity and retirement benefits and interest, but not taxes, amounts exempted by federal law or public assistance (63-17-1410(4)). Tell the court about any benefits you receive.

Do I get notice before a license is revoked?

Yes. The division notifies you that, 45 days after you receive the notice, the licensing entity will be told to revoke your license unless you pay the arrearage or sign a payment agreement; you can ask for a review limited to identity and compliance (63-17-1060). Licensing entities give the division monthly updates (63-17-1050).

Can I ask for withholding myself?

Yes. In cases the state enforces, withholding must be started on the obligee’s request without a delinquency if the state approves it, and voluntary withholding is available (63-17-1420(C), 63-17-1910). It avoids a delinquency record while you seek a reduction.

Can a payment plan help while I wait for a reduction?

Yes. The division must negotiate a payment schedule for an arrearage on a licensee’s request, and payments are in addition to ongoing support (63-17-1060). Ask in writing.

What proof helps?

What should you do first?

1. File the reduction complaint now.
2. Keep paying what you can: interest runs on judgments (see how South Carolina interest works).
3. Check your numbers in the South Carolina child support modification calculator.

Frequently asked questions

Official sources

• S.C. Code 63-17-830: modification of orders
• S.C. Code 20-3-160: maintenance of children
• S.C. Code 63-3-530: family court jurisdiction
• Court self-help packet: 20% reference
• South Carolina Judicial Department: family court FAQ
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• 45 CFR 302.56: federal guideline requirements

This is general information, not legal advice. It is based on the cited South Carolina statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed South Carolina attorney.