South Carolina Child Support Questions & Answers

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: My fiancé was arrested for fc bench warrant they sentenced to 30 days he’s asked for a pd but hasn’t talked to one yet

1 Answer | Asked in Family Law and Child Support for South Carolina on
Answered on Sep 14, 2018
Cheryl Ann Truesdale's answer
Your question doesn't state which county family court his child support case is in. You should obtain a copy of the court order from that hearing and then make an appointment with a lawyer who practices family law in that county and get advice. The lawyer will need to see the court order from the hearing as well as the court order that awarded child support and visitation.

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: if a temp. custody order was granted and the case was dismissed ... shouldnt i have my child back

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Answered on Apr 14, 2018
Cheryl Ann Truesdale's answer
The better approach would be to file a case in family court seeking return of your daughter and dismissal of child support action and naming grandmother and SCDSS as defendants

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: My husband and I have a 9 month old child and I do not work. We both agreed for me to stay home with the child.

1 Answer | Asked in Child Support, Divorce and Family Law for South Carolina on
Answered on Feb 14, 2018
Cheryl Ann Truesdale's answer
You have as much right to be in the marital home as your husband does until the family court rules otherwise, after notice and hearing. Do not leave. Also money earned during a marriage is marital money so you have a right to use some of that money to retain a lawyer.

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.

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