Legal Question in Family Law in South Carolina
child support caluculation
I am custodian of 2 children under 2 and reside in South Carolina. My husband was sole provider for family and we are divorcing. He is 27. His father died when he was 9 leaving him with annual income from an annuity, which he told the court partially supported us. I have looked up the SC guidelines see 3.1.2 (gross income) that says annuities can be used for income calculation but I am unsure because it was preexisting. He has a commission only primary job and a cash business. He is hiding income. Can his pre existing annuity be used to calculate gross income to ascertain child support payments?
1 Answer from Attorneys
Re: child support caluculation
The Judge will be the one to answer that question, because they have the ability to deviate upwards or downwards from the Child Support Guidelines. I believe that there is a good argument to be made that the annuity income should be included for these purposes in this case.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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