(A) If a military parent is called to military service, either parent may file a notice of activation of military service and petition to modify a support order. In the petition, the parent must cite the basis for modifying the support order and the military parent's change in financial circumstances supporting the petition.
(B) The court shall temporarily modify the amount of child support for the duration of the military parent's military service based on changes in income and earning capacity of the military parent during military service. An increase or decrease in income or earning capacity of a military parent due to military service only may be used to calculate support during the period of military service and must not be considered a permanent increase in wages or earning capacity. The effective date for a temporary modification must be the date the military parent begins military service.
(C) Upon return from military service, the military parent's child support obligation prior to a temporary modification is automatically reinstated, effective on the date the military parent is released from service. Within ninety days of the military parent's release from service, either parent may make a subsequent request for modification to correspond to a change in the military parent's nonservice-related income or earning capacity. A modification must be based upon the income or earning capacity of the military parent following the period of military service.
(D) Except for modifying a child support obligation during military service pursuant to this section, a military parent's income during military service must not be used to determine the military parent's income or earning capacity.
HISTORY: 2009 Act No. 25, Section 1, eff June 2, 2009.
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 5 - Legal Status Of Children
Section 63-5-10. Spousal and child support.
Section 63-5-20. Obligation to support.
Section 63-5-30. Rights and duties of parents regarding minor children.
Section 63-5-40. Breastfeeding.
Section 63-5-50. Parental immunity in cases of incorrigibility of seventeen year old.
Section 63-5-60. Parental civil liability for damage to State property.
Section 63-5-70. Unlawful conduct toward a child.
Section 63-5-80. Cruelty to children.
Section 63-5-310. Ratification of minor's contracts.
Section 63-5-320. Minor's capacity to borrow for higher education.
Section 63-5-330. Married minors consent to health procedures.
Section 63-5-340. Minor's consent to health services.
Section 63-5-350. Health services to minors without parental consent.
Section 63-5-360. Minor parent consent to health services for child.
Section 63-5-370. Consent not subject to disaffirmance.
Section 63-5-601. Short title.
Section 63-5-605. Definitions.
Section 63-5-610. Scope and jurisdiction.
Section 63-5-615. Nomination of custodian.
Section 63-5-620. Transfer by gift or exercise of power of appointment.
Section 63-5-625. Transfer authorized by will or trust.
Section 63-5-630. Other transfer by fiduciary.
Section 63-5-635. Transfer by obligor.
Section 63-5-640. Receipt for custodial property.
Section 63-5-650. Single custodianship.
Section 63-5-655. Validity and effect of transfer.
Section 63-5-660. Care of custodial property.
Section 63-5-665. Powers of custodian.
Section 63-5-670. Use of custodial property.
Section 63-5-675. Custodian's expenses, compensation, and bond.
Section 63-5-680. Exemption of third person from liability.
Section 63-5-685. Liability to third persons.
Section 63-5-695. Accounting by and determination of liability of custodian.
Section 63-5-700. Termination of custodianship.
Section 63-5-705. Applicability.
Section 63-5-710. Effect on existing custodianships.
Section 63-5-715. Uniformity of application and construction.
Section 63-5-900. Citation of article.