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South Carolina Child Support Questions & Answers
1 Answer | Asked in Child Support for South Carolina on
Q: in South Carolina, where do I send an application for registering a foreign child support order
Megan Hunt Dell
Megan Hunt Dell answered on Aug 26, 2021

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

1 Answer | Asked in Divorce, Family Law and Child Support for South Carolina on
Q: I live with my girlfriend our son and her daughter from another marriage we have been together for 6 years

I live with my girlfriend we have a son together and she has a daughter which I never adopted I am the only one that works in the household my question is would I have to pay alimony if we split I'm ok with child support also would she be able to take him out of state I have also decided I... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on Aug 26, 2021

Alimony is only awarded in cases for divorce; if you are not legally married, then you would not have a divorce case.

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: I'm unwed with a child and would like to know what my legal right are with my child? father not pay chd sup. no vistati

Father not paying child support or rarely see his child. Father residence is in Georgia

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

In South Carolina, when a child is born to unmarried parents, the mother is the child's sole custodian. Paternity and child support can be established through the DSS child support process. Information on how to apply for child support through DSS is available here:... Read more »

1 Answer | Asked in Family Law and Child Support for South Carolina on
Q: Hi my brother in law is behind in child support from 2 of his exes.... the main problem here, is that for one case, the

mother is, i believe, incarcerated and also the 2 girls are above 18 yrs of age...in the 2nd case his other 2 kids with a different mother, she no longer has them, and she never let him talk to or see their kids just to be cruel....he needs advice bc the lady at family court told me that he... Read more »

Megan Hunt Dell
Megan Hunt Dell answered on May 7, 2021

He needs to seek a consultation with a lawyer experienced in child support cases.

2 Answers | Asked in Divorce, Immigration Law, Child Custody and Child Support for South Carolina on
Q: I lived under common law for 17 years, separated 10 months ago, both undocumented, have a child. Can file for divorce?

What are the risks ? Can I ask for child support and alimony? There’s a new girlfriend in the picture who he’s planning to marry in the future since she’s a citizen. We have a business and properties together. If I can’t file for divorce what options do I have? Thank you!

Hector E. Quiroga
Hector E. Quiroga answered on Apr 12, 2021

The fact that you are undocumented should have no bearing on your ability to get divorced. The fact that your marriage is common law might have some bearing on your ability to get a divorce, but that is a question for an attorney with family law experience in your state.

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1 Answer | Asked in Child Support for South Carolina on
Q: If a parent is paying non court ordered $600 a month in child support is purchases of clothes, and shoes counted

The father doesn't have custody or is ordered to pay support but has been giving $600 a month in support but he also has to take the 2 kids shopping for clothes and shoes when he gets them once a month. Is the shopping considered extra or is it also child support?

Ryan D Templeton
Ryan D Templeton answered on Oct 5, 2020

The questions asked here has a lot of different issues and it really depends on the reason that you are asking the question. If Child Support is not ordered by the Court i would say that all support of the child would be considered for showing that the parent is providing support. That being said,... Read more »

1 Answer | Asked in Child Support and Workers' Compensation for South Carolina on
Q: I have a workers comp settlement awarded how much of that settlement can be garnished for back child support in SC
Carole Jean Hayes
Carole Jean Hayes answered on Aug 8, 2020

You are not going to like my answer but I believe 100% of it can be garnished for past child support. This is a big exception to the usual practice of no assignments on a worker's compensation settlement. I wish you the best.

Carole

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for South Carolina on
Q: DSS removed my child due to a positive drug screen that is not accurate due to a medication I'm prescribed

I'm prescribed Adderall and have been in a treatment program for many years during which all my drug screens have always came back clean. I have documentation of this as well. They have put my child in my soon to be ex's care who will not allow me to see her. The same situation happened... Read more »

Cheryl Ann Truesdale
Cheryl Ann Truesdale answered on May 4, 2020

What you haven't mentioned is if you've provided a statement from your doctor confirming that you are prescribed for Adderall.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for South Carolina on
Q: I would like to know how to become a paid guardian ad litem in the state of SC?

I have a bachelor's in Education and Psychology, and a master's in Counseling and Coaching. I am currently working with a residential non profit who provides housing and education for sex trafficking survivors. I would like to work with this population as a Guardian ad Litem.

Ryan D Templeton
Ryan D Templeton answered on Dec 4, 2019

Check out this website: https://www.scbar.org/public/get-legal-help/common-legal-topics/guardian-ad-litem/

1 Answer | Asked in Child Support for South Carolina on
Q: How do I get child support stopped if the child has moved back into my home
Ryan D Templeton
Ryan D Templeton answered on Nov 1, 2019

You will need to go back to the family court to amend the order which requires child support in the first place.

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
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
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
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
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... 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
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
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... 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
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... Read more »

Cheryl Ann Truesdale
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... 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
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
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 »

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