QUESTION

I am going to court for contempt of court for child support

Asked on Oct 03rd, 2016 on Child Support - South Carolina
More details to this question:
This is the first time I will be going to court for this and I am wondering what will happen. In SC I am behind 1200 dollars but over all I am behind 74,000 I know it sounds bad but I was homeless for almost 2 years and when I was working payments were being made. I cant afford the support I have now it is to much for me. I am not working now and I do odd jobs here and there to get money. I know I have an obligation but I cant pay it. please help I don't want to go to jail over this. Thank You in advanced
Report Abuse

1 ANSWER

Criminal Law Attorney serving Moncks Corner, SC
2 Awards
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. 
Answered on Oct 07th, 2016 at 5:41 AM

Christopher P. Biering, Esquire Biering Law Firm, PC www.bieringlaw.com

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters