As many social media viewers may have heard over the several days since President Trump took office, he allegedly signed into law a Child Support Tax Act allowing people who pay Child Support to claim their children on their taxes. This rumor has been proven to be false.
To date President Trump has not signed any such order into law.
What is amazing to this alleged rumor is the fact that most mainstream media outlets focused on the fact that mothers would not be allowed to claim the full amounts of their children on their taxes. Ignoring the a fact that there are fathers with custody who would also not be able to claim this full amount on their taxes.
The logic of this alleged rumor is solid, that both parents would have been able to claim their children on their taxes as both provide a financial standing for their children.
How this rumor began is unclear, but what is clear is the backlash to this rumor by large financially backed groups that opposed this concept. Currently according to statistics only about 20% of fathers have received primary custody of their children after a divorce, giving mothers 80% Nationally. In South Carolina, from that 20% about 35% of divorced fathers are granted sole legal and physical custody of their children, while 45% are granted joint legal and physical custody.
According to Custodyxchange.com 27.8% of fathers receive some sort of visitation with their children in South Carolina. It is well known that Mother’s have always been giving priority when it came to custody of children in South Carolina. But as we see a National shift in societal norms we see more fathers receiving custody or shared parenting being given, to better the potential growth of children.
Its of note here to also state that South Carolina ranks as one of the highest in alleged claims of abuse by the father in family courts. Which many of these claims have been proven false under criminal laws in the State.
Many advocates shout that simply because the parents no longer wish to cohabitate does not mean one parent should lose their children as well. That the “Best Interest of a Child” is to maintain a loving relationship with both parents equally.
How Child Support is suppose to be calculated in South Carolina:
South Carolina’s child support formula uses the income shares model to calculate the amount each parent owes. The formula considers:
- Income: The combined monthly income of both parents
- Expenses: The cost of health insurance, child care, and other expenses
- Parenting time: The percentage of time each parent spends with the child
- Number of children: The number of children being supported
- Other factors: Prior support obligations, alimony, and work-related daycare expenses
Calculation steps
- Calculate the total child support obligation based on the combined income of both parents
- Divide the total obligation between the parents based on their percentage of the combined income
- Adjust the basic obligation for expenses and other factors
This formula leads to the high amounts a parent is ordered to pay, without consideration for the cost of living. Even though South Carolina law states that they may not leave you destitute.