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South Carolina Child Support Questions & Answers
Q: Is failure to pay child support ordered by a judge a criminal contempt of court or just contempt of court?
Megan Hunt Dell
answered on Nov 11, 2022
answered on Nov 11, 2022
Family Court judges have the authority to hold someone in either civil contempt or criminal contempt. Whether a finding of contempt is civil or criminal depends on whether the person who violated the order is able to "purge" themselves of the punishment by becoming compliant with the... View More 
Q: My child lives with me her mother kicked her out but I still pay child support to her what do I do to stop support
Megan Hunt Dell
answered on Nov 11, 2022
answered on Nov 11, 2022
First, it will depend on whether there is an order giving you custody of your child. Unless/until you have such an order, you are likely to continue to be obligated to pay child support as previously established.
If there is already an order giving you custody of your child, then you can go... View More
Q: If im going for child support, is custody arrangements included in that or does the father have to take me back for that
My ex was abusive towards me, and im scared it would lead to them in the future. Hes been inconsistent with them, this is the 3rd time he vanished on them for months and randomly popped back up. Abandoned us to be evicted from 2 houses now, i didnt have a vehicle and he took my carseats so we were... View More
Megan Hunt Dell
answered on Nov 11, 2022
answered on Nov 11, 2022
The administrative process for establishing child support that is available through the Department of Social Services does *not* include any ability to establish custody/visitation. However, it is common that when one parent tries to use that process to get support, then the other parent will file... View More
Q: I filed for CS in Nov of 21 and I’m just now getting a date for Dec of 22, is my child entitled to back pay?
Megan Hunt Dell
answered on Nov 11, 2022
answered on Nov 11, 2022
Whether to award retroactive child support is within the Family Court's discretion; however, the law is clear that the Court can *only* award retroactive support back to the date the action was filed.
Q: My ex husband is over $25,000 behind in back child support. His child support payment is based on income of $700 month
Our 3 children are over 18 now
Can I ask the judge to modify his payment amount based on his current income of approximately 2100.00 month.
Megan Hunt Dell
answered on Aug 25, 2022
answered on Aug 25, 2022
If he has previously been held in contempt for failure to pay, then he is likely ordered to pay the arrears at a court-ordered rate. If you believe he is earning more income than before -- and that you can provide evidence of his greater income -- then you could file an action to modify the prior... View More
Q: What can I do?
During a separation I started seeing a girl, decided that didn't work out. Over a year later she's wanting a DNA test for a child I didn't know about. She has another man on the certificate, I also want to sign my rights over if the child is mine. What can I do? What happens if her... View More
Megan Hunt Dell
answered on Aug 25, 2022
answered on Aug 25, 2022
It's unclear whether the mother of the child has filed an action in Family Court. If she were to do so, then the Court could order you to undergo DNA testing. Assuming you are the biological father of the child, and you want to terminate your rights, then you would need to sign a "Consent... View More
Q: In the state of south Carolina if my baby daddy gives up his parental rights will he still have to pay child support?
Megan Hunt Dell
answered on Aug 3, 2022
answered on Aug 3, 2022
When parental rights are terminated, then the obligation to support the child is also terminated; however, if the parent has past due child support, then those arrears continue to be owed (unless there's a Court order otherwise).
Q: in South Carolina, where do I send an application for registering a foreign child support order
Megan Hunt Dell
answered on Aug 26, 2021
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
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... View More
Megan Hunt Dell
answered on Aug 26, 2021
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.
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
answered on May 7, 2021
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
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... View More
Megan Hunt Dell
answered on May 7, 2021
answered on May 7, 2021
He needs to seek a consultation with a lawyer experienced in child support cases.
2 Answers
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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!
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Hector E. Quiroga
answered on Apr 12, 2021
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.
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
answered on Oct 5, 2020
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
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
answered on Aug 8, 2020
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
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... View More
Cheryl Ann Truesdale
answered on May 4, 2020
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.
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
answered on Dec 4, 2019
answered on Dec 4, 2019
Check out this website: https://www.scbar.org/public/get-legal-help/common-legal-topics/guardian-ad-litem/
Q: How do I get child support stopped if the child has moved back into my home
Ryan D Templeton
answered on Nov 1, 2019
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.
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... View More
Cheryl Ann Truesdale
answered on Jan 3, 2019
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.
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
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.
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
answered on Oct 5, 2018
Child support can always be paid through the court upon proper petition to the court.
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