South Carolina Child Support Questions & Answers

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

1 Answer | Asked in Child Support and Family Law for South Carolina on
Answered on Jan 3, 2019
Cheryl Ann Truesdale's answer
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.

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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for South Carolina on
Answered on Nov 26, 2018
Cheryl Ann Truesdale's answer
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.

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

1 Answer | Asked in Family Law and Child Support for South Carolina on
Answered on Oct 5, 2018
Cheryl Ann Truesdale's answer
Child support can always be paid through the court upon proper petition to the court.

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?

1 Answer | Asked in Child Custody, Child Support and Family Law for South Carolina on
Answered on Sep 29, 2018
Cheryl Ann Truesdale's answer
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 proceeding. Until then, the father has no legal rights. His paternity can be established in a child support case, but you will not be granted legal custody if all you're seeking is child support. You...

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

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for South Carolina on
Answered on Sep 9, 2018
Cheryl Ann Truesdale's answer
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 period, that can be grounds to terminate that parent's parental rights. However, the failure to visit or support cannot be the result of refusal to accept support or allow visitation on the part of the...

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

1 Answer | Asked in Family Law and Child Support for South Carolina on
Answered on Aug 28, 2018
Cheryl Ann Truesdale's answer
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 may be entitled to a reduction in your child support amount. There are other factors that can be considered as well, depending on the facts of your case. I suggest that you consult with a lawyer to...

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

1 Answer | Asked in Family Law and Child Support for South Carolina on
Answered on Aug 24, 2018
Cheryl Ann Truesdale's answer
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 done through DNA testing, but the DNA test must be requested at the initial child support hearing. If you were court ordered to pay child support and did not request a DNA test at that hearing, you...

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?

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Answered on Jul 12, 2018
Cheryl Ann Truesdale's answer
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 Jurisdiction Act because that is where the child has been living prior to your move to South Carolina. The child would need to live in South Carolina for at least six months before a custody case could...

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

1 Answer | Asked in Child Custody, Child Support and Family Law for South Carolina on
Answered on May 24, 2018
Cheryl Ann Truesdale's answer
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 established as easily as having the father and mother admitting in court that he is the father. If there is a dispute as to paternity, DNA testing can be done.

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

1 Answer | Asked in Child Custody, Child Support and Family Law for South Carolina on
Answered on Mar 11, 2018
Cheryl Ann Truesdale's answer
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 jurisdiction would also allow you to enforce and/or modify your custody order in South Carolina, if that need arose. You will need a lawyer to help you do this.

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

1 Answer | Asked in Family Law and Child Support for South Carolina on
Answered on Jan 29, 2018
Cheryl Ann Truesdale's answer
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 Carolina because it becomes law.

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

1 Answer | Asked in Child Support and Divorce for South Carolina on
Answered on Dec 12, 2017
Wesley Stoddard's answer
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.

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

1 Answer | Asked in Child Support for South Carolina on
Answered on Dec 8, 2017
Michael Christopher Miller's answer
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 taking jurisdiction is indeterminable until someone files a motion to modify. The jurisdiction then moves to the responding party's state. For example, everyone leaves SC, she wants to modify, she has...

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

1 Answer | Asked in Child Support, Civil Litigation and Divorce for South Carolina on
Answered on Aug 25, 2016
Marjorie Simmons' answer
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.

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

1 Answer | Asked in Family Law and Child Support for South Carolina on
Answered on Jul 3, 2011
Robin R McLean's answer
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 that she pays through the Clerk of Court's office. By doing so, she MUST pay through the court or she will not get credit for it. I strongly urge you to get an attorney who can make the appropriate...

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