T. Augustus Claus 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

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

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

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.

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

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

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

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

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

In South Carolina, the Family Court will typically not allow you to voluntarily relinquish your rights to allow you to avoid paying child support.

The child's mother could go through the Department of Social Services administrative process to establish paternity and child support. If... View More

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

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

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

James L. Arrasmith 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

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.

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.

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

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

When parental rights are terminated, then the obligation to support the child is also terminated; however, if the parent has past due child support, then those arrears continue to be owed (unless there's a Court order otherwise).

Where to send it will depend on which county you want to be able to enforce the foreign order in. The procedures detailed in South Carolina Code Sections 63-17-3610 through 63-17-3740 should help you -- they are available here: https://www.scstatehouse.gov/code/t63c017.php