Get free answers to your Child Support legal questions from lawyers in your area.
Father not paying child support or rarely see his child. Father residence is in Georgia
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:... View More 
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... View More
answered on May 7, 2021
He needs to seek a consultation with a lawyer experienced in child support cases.
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!
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.
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?
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,... View More
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
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... View More
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.
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.
answered on Dec 4, 2019
Check out this website: https://www.scbar.org/public/get-legal-help/common-legal-topics/guardian-ad-litem/
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.
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... View More
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.
Even phone calls hes denied, whilst married I stayed at home and homeschooled, this is extremely abusive and immoral in my opinion.
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.
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.
answered on Oct 5, 2018
Child support can always be paid through the court upon proper petition to the court.
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
He is on the birth certificate
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... View More
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... View More
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... View More
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... View More
My husband and I have been seperated for going in 7 years and he hasnt paid anything toward his sons well being.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
