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South Carolina Child Support Questions & Answers

1 Answer | Asked in Child Support and Family Law for South Carolina on

Q: Can a new (first time) child support court order request funds for previous years of non-support?

Unwed couple; 1 child, now 11 years old. Father (name on birth certificate) has not been allowed visits for 9 yrs; Mother did not accept any financial assistance. No issues have been addressed in Family Court.

Mother now married another and is asking for financial support in exchange for... Read more »

Cheryl Ann Truesdale answered on Jan 3, 2019

Child support will be prospective not retrospective. The South Carolina Child Support Guidelines will determine the child support amount unless you and the mother agree to a different amount. I strongly advise you to consult with a family law practitioner in your area before making any decision.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for South Carolina on

Q: My ex is the custodial parent, I’m suffering hardships; loss of job, He equates visitation by support payments, can he?

Even phone calls hes denied, whilst married I stayed at home and homeschooled, this is extremely abusive and immoral in my opinion.

Cheryl Ann Truesdale answered on Nov 26, 2018

Support and visitation are separate issues. If he is violating a provision of a court order, you can file a rule to show cause to compel compliance with the order.

1 Answer | Asked in Family Law and Child Support for South Carolina on

Q: If you've cancelled child support through court twice. What are odds for signing up again.

Child is 15. Lives with mom. Mom has cancelled child support through court twice because she doesnt wanna deal with court costs. He has been giving her money monthly voluntarily.

Cheryl Ann Truesdale answered on Oct 5, 2018

Child support can always be paid through the court upon proper petition to the court.

1 Answer | Asked in Child Custody, Child Support and Family Law for South Carolina on

Q: I have kids with my ex bf we were never married. He sees the kids whenever he wants too. Can I file for child support?

My ex has threatened to take my kids away. He has a police record and was admitted to the hospital for trying to committed suicide. He lives with his parents. I'm a good mother in the medical field and I have my own place. Does he have any rights? I consider myself as the legal guardian(full... Read more »

Cheryl Ann Truesdale answered on Sep 29, 2018

Putting someone's name on a birth certificate only raises a rebuttable presumption that the person named is the biological parent. For a child born out of wedlock, the mother's paternity is accepted since she gave birth to the child, but the father's paternity has to be established in a court... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for South Carolina on

Q: I’m having a baby with another man but plan on marrying my current fiancé of 7 years does that terminate bio dads right

The biological father has been emotionally abusive and unstable on whether he wants to be a part of the child’s life. I have stopped all contact with biological father because of this. I plan on doing an adoption and want to know if he will be able to fight against the adoption if child is born... Read more »

Cheryl Ann Truesdale answered on Sep 9, 2018

Marriage to someone other than the putative father does not terminate his parental rights. As for adoption, the putative father's parental rights must be terminated as part of the adoption case. Under South Carolina law, if a parent fails to support or visit a child for a continuous six month... Read more »

1 Answer | Asked in Family Law and Child Support for South Carolina on

Q: I'm going broke paying child support, is there anything I can do to drop/lower it ?

Cheryl Ann Truesdale answered on Aug 28, 2018

You question doesn't say, but assuming you are paying court ordered child support,the support amount can always be modified if there has been a substantial change in circumstances following the issuance of the court order that warrants the modification. For example, if you income has decreased you... Read more »

1 Answer | Asked in Family Law and Child Support for South Carolina on

Q: After years of paying child support, founding out the child is not the father's.Can a judge order mother to repay?

Cheryl Ann Truesdale answered on Aug 24, 2018

No. The time to find out whether you were the biological father was at the initial child support hearing. The court cannot order someone to pay child support unless paternity is established. That can be done by the alleged father admitting to the judge that he is the biological father or it can be... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on

Q: I left my child's father (unmarried) and moved to SC after my son was attacked by his pitbull. Can I file in SC?

My son was attacked by my boyfriend's pitbull and kept making excuses about getting rid of the dog. A few days later I found out he was cheating on me so I left and moved to SC to be with my parents because I have been unemployed since having my child. My father has cancer and they are unable to... Read more »

Cheryl Ann Truesdale answered on Jul 12, 2018

Your question does not state whether there has been prior child support or custody court action in Virginia. If there has been, Virginia has continuing jurisdiction. If there has been no prior court action, Virginia will still be considered the child's home state under the Uniform Child Custody... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for South Carolina on

Q: What kind of rights does my child’s father have if we never married

He is on the birth certificate

Cheryl Ann Truesdale answered on May 24, 2018

An unwed father's paternity, and therefore his parental rights, has to be established by a family court order even if his name is on the birth certificate. Paternity will be the first issue that will need to be addressed in an initial child support, visitation or custody case. Paternity can be... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for South Carolina on

Q: Where do you file for a childs name change, birthplace or state of residency?

Not sure if anyone knows the answer. Almost 3 years ago I moved from VA to SC with my son. I have full physical and legal custody and have since my 6 year old was less than a year old. Recently my son has been asking about changing his last name from his (absent) dads to my last name (never... Read more »

Cheryl Ann Truesdale answered on Mar 11, 2018

Virginia has continuing jurisdiction because the custody order was issued there. You can register your custody order in family court in the county where you live and ask the court to take jurisdiction which would then allow you to file for a name change in that county. Having South Carolina take... Read more »

1 Answer | Asked in Family Law and Child Support for South Carolina on

Q: Is there a law now stating that child support can no longer take your license bc of child support

Cheryl Ann Truesdale answered on Jan 29, 2018

There is a bill pending in the State General Assembly that would repeal the statute that authorizes suspending a person's driver's license for failure to pay child support. As of January 10, 2018 that bill was being reviewed in committee. It will have to go to and be signed by the Governor of South... Read more »

1 Answer | Asked in Child Support and Divorce for South Carolina on

Q: My question is can i seek for backchild support if I never have requested it for the past 6 yrs?

My husband and I have been seperated for going in 7 years and he hasnt paid anything toward his sons well being.

Wesley Stoddard answered on Dec 12, 2017

Child support will be set at the Judge's discretion but my experience is that most Judges will not award

you past child support in this instance if there was no previous order awarding it to you.

1 Answer | Asked in Child Support for South Carolina on

Q: My ex-wife took child support out on me 13 years ago in the state of South Carolina she has lived in North Carolina for

10 years does she have to move it

Michael Christopher Miller answered on Dec 8, 2017

Not necessarily.

A state that issues a child support order retains exclusive jurisdiction regarding that order so long as a parent or child lives in the state, i.e., no other state can modify the order.

When both parents and all the children leave the issuing state, the state next...
Read more »

1 Answer | Asked in Child Support, Civil Litigation and Divorce for South Carolina on

Q: Will a judge order joint custody with no exchange of money in a self lititgated divorce? All issues are agreed upon

According to the online calculator, it looks as if no money would exchange hands anyway but I wanted to be sure since we are both representing ourselves. We are able to co-parent successfully and have maintained a joint custody arrangement since our separation three years ago. We would like to be... Read more »

Marjorie Simmons answered on Aug 25, 2016

Maybe. The legal standard is what's in the best interest of the child. You can call the SC Bar and ask for a referral to an attorney in your county, then call them. If they agree to a short and free consultation, you can pose the question and perhaps get more information.

1 Answer | Asked in Family Law and Child Support for South Carolina on

Q: I'm the CP. NCP owes over 5000 in CS. It was over 10000, but she deliberately went back & forth to my home state & hers

Claiming pymts tht were not made, eventually confusing both CS offices in both states until my case was closed due to "non-cooperation". Im from SC and she lives in TX. Every time the bal. gets over 5000 she starts the manipulation scheme. In the end, the credit is given (w/o my consent) and I... Read more »

Robin R McLean answered on Jul 3, 2011

Is the Court Order which set child support issued from a South Carolina court? If so, and you and the child are still in S.C., then the court retains jurisdiction. You should file a Rule to Show Cause against her (don't wait for the clerk of Court to do it), and part of the relief you request is... Read more »

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