Ask a Question

Get free answers to your Child Support legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
South Carolina Child Support Questions & Answers
0 Answers | Asked in Child Support for South Carolina on
Q: Child custody battle judge is compromised. The judge speaks with the ex's dad (another retired judge) What can I do?

I need to know what I can do to stop this corrupt ruling against me. My ex's dad is an old judge and is in the custody judges ear. What can I do to stop this? I'm not rich and the old judge knows exactly how to play the system in his advantage. What do I do?

0 Answers | Asked in Child Custody and Child Support for South Carolina on
Q: Final court order between father and mother

Court order states…..The FATHER and MOTHER

shall have joint legal custody of the parties' minor children with MOTHER having final decision-

making authority for the children's medical, religious teaching, education and extracurricular

decisions. However, MOTHER... View More

1 Answer | Asked in Child Support and Civil Rights for South Carolina on
Q: How come I am paying CS, but I am being denied access to school events, medical & dental appointments. Is that Legal?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2024

I'm sorry you're experiencing these challenges. Paying child support fulfills your financial responsibilities, but access to your child's activities and appointments is governed by custody agreements or court orders. If these rights aren't being honored, it can feel frustrating... View More

1 Answer | Asked in Child Support and Family Law for South Carolina on
Q: How can court ordered child support be eliminated without all the hassle of the fees

what are all the cause and effect factors

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 6, 2024

In South Carolina, modifying or eliminating court-ordered child support typically involves demonstrating a significant change in circumstances since the original order was issued. However, completely eliminating child support without any legal or administrative process is highly unlikely, given... View More

1 Answer | Asked in Child Support and Family Law for South Carolina on
Q: My baby father was picked up for a child support warrant but the order is now closed and he doesn’t owe can he get out?

They are holding him in jail saying he has to do 60 days but I don’t understand why if the support is closed and balance is 0

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Dec 26, 2023

The Family Court's contempt powers include the ability to sentence someone to a period of incarceration as punishment for violating the Order, which could be why the sentence was not purged when the account became paid in full.

1 Answer | Asked in Child Support and Family Law for South Carolina on
Q: My friend was sentenced to 30 days concurrent how soon can i get her out She is in there for child support
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jun 8, 2023

Generally, if someone is incarcerated for nonpayment of child support, they have been held in civil contempt, and they can be released once they pay the amount set by the court as the "purge payment." The County Clerk's office can tell you how much the purge payment is.... View More

1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for South Carolina on
Q: does custody need to be established before child support can be set
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jun 8, 2023

There is not enough detail in your question to provide a specific answer. The first variable is whether the parents of the child(ren) are married to each other. If the parents are not married to each other, then the mother has sole custody of the child(ren) unless/until there is a court order... View More

1 Answer | Asked in Child Support for South Carolina on
Q: How to stop wage garnishment in South Carolina
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

S.C. Code Ann. Section 63-17-1470(B) provides that a person who is subject to income withholding may petition the Family Court to terminate the withholding if (1) there is no longer a current order for support and all arrearages are paid; or (2) the payor has not previously terminated withholding... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: I had my son when his father and I were split up. His father is not on the birth certificate

I had my son when his father and I were split up. His father is not on the birth certificate. Our son is 3 months old and we are now back together. We’ve been back together in a relationship since our son was 2 weeks old. His father and I do not live together. I work and his father helps... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

Medicaid is funded by the federal government. For any South Carolina resident to receive those funds, federal law requires the person to seek child support from the other parent. However, the process for establishing child support through DSS is very cooperative, and you may be able to agree to him... View More

1 Answer | Asked in Child Support and Tax Law for South Carolina on
Q: What’s the best way to keep finances separated if you are about to marry a man with child support

Do I have to file married with him or can I keep it as head of household?

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

This is actually a question about taxes. Married couples can file taxes in one of two ways: "married filing jointly" or "married filing separately."

Filing your taxes as a married person, either jointly with your spouse or separately, does not affect your fiance's...
View More

1 Answer | Asked in Child Support and Divorce for South Carolina on
Q: What do I do if I and going through a 2 plus year divorce in sc and spouse owes child support but ran off to AZ

I don’t not know where he is in AZ only found where he got a speeding ticket in Chandler Az in April of this year. Have not been able to find him until this ticket I found. He has not shown up for court dates etc

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

A private investigator in Arizona should be able to run a "skip trace" to try to determine his whereabouts. You might also search for any public records related to his speeding ticket -- the jurisdiction where he received it likely has an address for him.

2 Answers | Asked in Child Support and Family Law for South Carolina on
Q: I slept with a woman and had a one night stand. She is insisting I'm father. I don't agree. If so I want to sign over.

I want to sign over rights to child as I do not believe to be this child's father. Would I still have to pay child support if I relinquish rights to this child, if it ends up being mine? I truly believe it's not mine due to nature of the individual and timing or information given. She has... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 22, 2022

The child’s mother can serve you with a paternity action to establish parentage and the court will order a DNA test upon you. If it’s determined that you’re the biological father, then the court will order you to pay monthly child support until the child reaches age 18. You’re decision to... View More

View More Answers

1 Answer | Asked in Child Support for South Carolina on
Q: Will a judge lower child support at a judicial hearing for non custodial parent who makes 10 grand a month?

I have a 6month old who has many medical issues due to birth problems, with my ex boyfriend who moved from HOME (Pennsylvania) to South Carolina during my pregnancy.he is listed on her birth certificate. He has only seen my child 2 times since she was born. I am in the process of going for child... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 28, 2022

It sounds like you have sought child support through DSS's administrative process. Generally, if there is not an agreement on support during the conference, then a judge will establish support. If you have copies of any of his paystubs, you can look at his "year-to-date" gross income... View More

1 Answer | Asked in Child Support for South Carolina on
Q: My child lives with me her mother kicked her out but I still pay child support to her what do I do to stop support
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

First, it will depend on whether there is an order giving you custody of your child. Unless/until you have such an order, you are likely to continue to be obligated to pay child support as previously established.

If there is already an order giving you custody of your child, then you can go...
View More

1 Answer | Asked in Child Support for South Carolina on
Q: Is failure to pay child support ordered by a judge a criminal contempt of court or just contempt of court?
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

Family Court judges have the authority to hold someone in either civil contempt or criminal contempt. Whether a finding of contempt is civil or criminal depends on whether the person who violated the order is able to "purge" themselves of the punishment by becoming compliant with the... View More

1 Answer | Asked in Family Law and Child Support for South Carolina on
Q: I filed for CS in Nov of 21 and I’m just now getting a date for Dec of 22, is my child entitled to back pay?
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

Whether to award retroactive child support is within the Family Court's discretion; however, the law is clear that the Court can *only* award retroactive support back to the date the action was filed.

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: If im going for child support, is custody arrangements included in that or does the father have to take me back for that

My ex was abusive towards me, and im scared it would lead to them in the future. Hes been inconsistent with them, this is the 3rd time he vanished on them for months and randomly popped back up. Abandoned us to be evicted from 2 houses now, i didnt have a vehicle and he took my carseats so we were... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Nov 11, 2022

The administrative process for establishing child support that is available through the Department of Social Services does *not* include any ability to establish custody/visitation. However, it is common that when one parent tries to use that process to get support, then the other parent will file... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: What can I do?

During a separation I started seeing a girl, decided that didn't work out. Over a year later she's wanting a DNA test for a child I didn't know about. She has another man on the certificate, I also want to sign my rights over if the child is mine. What can I do? What happens if her... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Aug 25, 2022

It's unclear whether the mother of the child has filed an action in Family Court. If she were to do so, then the Court could order you to undergo DNA testing. Assuming you are the biological father of the child, and you want to terminate your rights, then you would need to sign a "Consent... View More

1 Answer | Asked in Child Support for South Carolina on
Q: My ex husband is over $25,000 behind in back child support. His child support payment is based on income of $700 month

Our 3 children are over 18 now

Can I ask the judge to modify his payment amount based on his current income of approximately 2100.00 month.

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Aug 25, 2022

If he has previously been held in contempt for failure to pay, then he is likely ordered to pay the arrears at a court-ordered rate. If you believe he is earning more income than before -- and that you can provide evidence of his greater income -- then you could file an action to modify the prior... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.