South Carolina Child Support Legal Questions

Before a court can order that you must pay support the court will address the question of paternity.  If you deny or question whether you are the father, testing will be conducted to consider if paternity exists.   If I court order is issued requiring the payment of support and you fail to comply with the order you could be arrested for wilful failure to comply with the terms of the court order.... Read Answer

You have few things going on. One thing at a time. Chil Support, you are current and not accumulating arrears. Then, you were arrested, for wrong address, this part I do not understand clear as your issues are conflicting. If the state is wrong than you can sue the state but talk to an attorney for a clear clarification and understanding. Last you have a custody dispute at hand. Please hire an attorney as your situation to be in complex stressful.  Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York City but my network of SMS ATTORNEYS does travel out of state for complex cases and at client request. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plan option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in South Carolina.... Read Answer

Hello, Thank you for asking questions. Is your ex on the child birth certificate? You will have to file for child support in the county where the children live at. You don't need to know how much he is making, of course having knowledge about it will be beneficial. Usually, when one parent requests child support, both parents have to disclose the financial data. However, if and when he discloses his financial standing and you have concerns about him hiding any form of income, you can use that against him and subpoena his employer for testifying. You should consider using a lawyer though as litigation can become very complex after the initial part of starting it. While you are doing the child support, you should also ask for custody of the children so that it becomes documented and no longer an out-of-court agreement. Lawyers are expensive but some attorneys provide ease of mind and make the litigation smooth.   Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in South Carolina.... Read Answer

Court ordered child support can be reduced based on a substantial change in circumstances.  Before filing a modification action, research should be completed estimating the approximate modification based on the income of the parties.    If instead of a modification based on change of circumstances an attack of the original calculation is contemplated based on a mistake or error in calculation, timing is key.  A motion for reconsideration of an Order must be filed within 10 days of receipt of the written Order, or possibly within 1 year under Rule 60, SCRCP.... Read Answer

You have two issues that are inextricably tied together.  First, you must file an action to modify your ongoing support obligation.  You will need to be able to show a substantial change in circumstances has occurred since the entry of the support order, and the change warrants a downward modification of your support obligation.  Retroactive downward modifications are granted very rarely, but ending the ongoing accumulation of the support obligation beyond your means is crucial.  Second, you need defend the contempt action utilizing the new action to modify.   Your new action can be used to educate the trial judge at the contempt action of your circumstances, and how those circumstances warrant a finding your action were not “willful” and therefore, not contempt.  Your success in navigating these two issues simultaneously without an experienced attorney familiar with your county’s court staff and judges will be nearly impossible. ... Read Answer

Your question sits at an intersection of family law, and potentially full faith and credit clause and civil judgment limitations.  Generally, child support obligations are not reduced to civil judgments.  Civil judgments have a shelf life / limitations period.  To provide meaningful answers to your questions, a family court practitioner will need a copy of the original order directing the payment of support, copies of susbsequent orders utilized to enforce the obligation, and copies of any orders that were obtained in states other than the originating state.  It would be difficult in the format of "ask a lawyer" for you to deliver the necessary information for an attorney to formulate an opinion of your complex, multi-jurisdictional issue. ... Read Answer

Child support determinations are initially made using the South Carolina Child Support Guidelines.  After an initial determination of support, a court may not modify the initial determination without a showing of a substantial change in circumstances.  To determine if a modification should be granted the court must review the previous circumstances that existed and compare them to the current circumstances.  If a person is receiving support they may possibly benefit from a modification action brought by a payor.  If I am representing a payor we attempt to estimate the possible reduction before filing the action using income information available.   I have represented numerous parents who receive support and obtained increases in support.  Each case is different. Your case is typical in that your previous order likely included daycare.  Your 14 year old is not likely in day cares but other expenses may exceed those costs.  While it is certainly possible to navigate this process without an attorney, a modest investment in representation or consultation can have a significant return over the balance of support period.  Consider seeking legal representation.  ... Read Answer

You will probably need an attorney to represent you in this matter.  I would suggest an attorney who specializes in family law.  Although an attorney cannot work on a contingency fee basis on a divorce, he or she can on the issue of child support or alimony. Regards, I am Dr. Michael G. Sribnick, Esq.  Attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC    ... Read Answer

Child support is always modifiable if there is a substantial change of circumstances.  If your husband is earning more then you need to file for a modification of child support.  That is done by filing a Complaint and Summons and a motion for a temporary hearing with the family court.  He then has to be served at least 5 business days before the hearing is scheduled.   The answer to the other questions regarding the $74.00 is you can file a contempt action because is is violating a court order.  You must prove that he is intentionally and wilfully violating a court order for him to find in contempt.  If he is found in contempt he can be ordered to go to jail for up to a year, be fined, or be required to pay community service.  Also if he is found in contempt he will be responsible for the attorney fees.... Read Answer

Is he paying through the court system?  Or you directly?  If he is paying thorough the court system then the SCDSS child support division can have him ruled in for contempt.  If he is paying you directly then you can file a contempt action.  If he is found in contempt then he will have to pay your attorney fees.  If you file a contempt complaint you also need to make sure your future child support payments are paid through the court system ( if he is not already) so that SCDSS can monitor his payments and you will not have to worry about it.   It does not matter if he wants to pay less.  He has to pay what is court ordered.  If he wants to modify his support he will have to file his own action.  It will be lowered only if he makes substantially less then he did when the court order was made.  ... Read Answer

You should file for a modification of child support based on a substantial change of circumstances.  However, the arrearage will not go away unless the mother agrees to drop them and she can do that by a court agreement or by going to the family court clerk and filing an affidavit.  ... Read Answer

Mother needs to go to the family court clerk of court and file an affidavit  to stop the support and to forgive the arrearages.  If you do not have legal custody of your daughter then I advise that you file pleadings with the court to be awarded legal custody.  If not the mother can come and pick up the child anytime she feels like it and you cannot stop her.  Moreover, the mother should be paying you child support. ... Read Answer

No you should not be paying child support.  However, the mother of your child needs to go to the family court in the county of the court order and file an affidavit to relieve you.  However, since you have the child you should file pleadings with the court so that she can pay you child support.  Also, if you do not have legal custody of the child you need to add that to your pleadings as well.  If there is no legal custody then mom can come and pick up the child whenever she feels like. ... Read Answer

This answer does not create an attorney/client relationship. I am a S.C. lawyer and board certified internist. The fact that your son does not wish to see you, unfortunately has noting to do with child support.  Perhaps you should find out why he does not wish to see you. Regards, I am Michael G. Sribnick, M.D., J.D. Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com  ... Read Answer

This answer does not create a lawyer/client relationship.  I am a S.C. lawyer and board certified internal medicine physician.  Your son is going to have to pay child support regardless of the outcome, as long as he remains the legal father.  The charge of child abuse is very serious, and your son needs a lawyer who in competent to practice both family law and criminal law.  As far as your rights, this will depend on the decision of the Family Court Judge and his final order as to custody, as legally you have no rights in S.C., unless the Judge determines that seeing you is in the best interest of the child. This is why it is so important that your son has a lawyer to defend his interests. Regards, Michael G. Sribnick, M.D., J.D.  Attorney at Law Owner of Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer