Divorce is a difficult process, emotionally and financially. Before you blindly step into the stressful process, there are steps you can take to empower yourself by getting your financial ducks in a row. Taking the following steps can help make things run more smoothly and even lower your eventual legal bills by being so prepared…. Continue Reading
Category Archives: Child Support
Subscribe to Child Support RSS FeedSix Steps to Consider If You Want to File for Divorce
Posted in Alimony, Assets and Debts, Attorney-Client Relationship, Child Custody, Child Support, Children, Communication, Divorce, Financial Issues, Harassment, Marriage, Separation, VisitationAccording to a recent article on the HuffingtonPost.com, the following steps should be taken if you see a divorce happening in the not so distant future. These important actions can protect yourself and your future. Go see a South Carolina family law attorney. Many people wait far too long before seeking legal advice about an… Continue Reading
The Benefits of a Post-Nup in South Carolina
Posted in Alimony, Assets and Debts, Child Custody, Child Support, Communication, Dispute Resolution, Divorce, Financial Issues, Prenuptial Agreements, Tax Issues, VisitationThough prenuptial agreements are commonly referred to a distant cousin, the postnuptial agreement is far less often seen. Though more infrequently used, it can still be a very powerful and important tool for couples to consider to protect their assets in case of divorce or separation. The only difference between a pre- and post-nuptial agreement… Continue Reading
Parental Accountability Courts Hold Promise for Those Delinquent on Child Support Payments
Posted in Child Support, Contempt of Court, Financial IssuesAccording to a recent article in the Atlanta Journal-Constitution, parents who are delinquent on their child support payments in Georgia have reason to hope that they’ll see their children rather than the inside of a jail cell thanks to a new program instituted by courts in the state. Ricky Smith spent Spring Break with his… Continue Reading
Divorce-Related Tax Tips Just in Time
Posted in Alimony, Child Custody, Child Support, Divorce, Financial Issues, Tax IssuesWhile the rules for divorced taxpayers have not changed to terribly much in the past few decades, divorce has. Joint custody and other changes in the way people split property have succeeded in making figuring out what is owed to Uncle Sam and by whom harder than ever. The following are five tips on some… Continue Reading
Divorced South Carolina Parents May Now Again Have to Pay College Costs for Their Children
Posted in Child Support, ChildrenAccording to a recent article by The State, a single South Carolina mother busy running a day care and raising two sons won a South Carolina Supreme Court case recently that may end up requiring divorced parents who pay child support to also pay for their kids to go to college. The woman, Kristi McLeod… Continue Reading
Recent Federal Law Could Leave Those Behind on Child Support With No Money At All
Posted in Child Support, Financial Issues, ProcedureAccording to a recent article in the Charlotte Observer, an important change could soon have an unexpected impact relating to child support debts. The change has come about as an attempt to reduce money spent by the federal government in mailing out paper checks. The Treasury Department has decided to begin making government benefits payments… Continue Reading
Family Courts in SC May Once Again Require Parents to Contribute Toward College Expenses
Posted in Child Support, Children, Financial Issues, ProcedureThe South Carolina Supreme Court issued an opinion (in a 3-2 decision) yesterday in McLeod v. Starnes that the Family Court may once again order non-custodial parents to help pay for their children’s college expenses. This case overturns the Court’s previous decision in Webb v. Sowell from April of 2010, and reinstates the prior standards set forth in Risinger v. Risinger. You can… Continue Reading
South Carolina Supreme Court Overturns College Support Law
Posted in Child Support, Financial IssuesThis week, the South Carolina Supreme Court overturned a 1979 decision, under which parents could be ordered to contribute to their children’s college expenses. In this new case, Webb v. Sowell, the Father appealed after he was ordered to contribute to college expenses for his son. The Court reversed the trial court’s decision, finding that it violated… Continue Reading
Calculating Child Support in South Carolina
Posted in Child SupportOne of the questions that we are asked most often is how much child support will be in a particular case. Of course, this question comes in several different varieties, including: My friend only pays $X in child support, so why do I pay more? Why does my friend receive so much more child support… Continue Reading
Failure to Pay Child Support Does Not Justify Denial of Visitation
Posted in Child Support, Contempt of Court, VisitationQuestion: I am currently behind on child support, and my ex-husband tells me I can’t see my son because the Court Order states that my visitation is at the discretion of the father and since I remarried outside of our race I can’t see him. I have already served a six month sentence for being… Continue Reading
Child Support Enforcement Information from the Spartanburg County Clerk of Court
Posted in Child SupportLast week, the Spartanburg County Clerk of Court released a welcome orientation letter that answers some common questions about child support enforcement. For instance, this letter specifies which caseworkers have been assigned to particular files, and it indicates that a hearing may be scheduled if the payor becomes three consecutive payments behind. A copy of… Continue Reading
When Can an Existing Child Support Amount Be Increased or Decreased?
Posted in Child SupportQuestion: When can a parent ask the Court to modify an existing amount of child support? Does it make a difference if the person is seeking an increase or decrease? Does it matter if the parent that is paying has made all of the required payments and has made all of the payments on time?… Continue Reading
Passport Denial Program Helps Recover Past Due Child Support
Posted in Child Support, Financial Issues, ProcedureThe new passport requirements that complicated travel this past summer have also uncovered vast numbers of parents who owe back child support. Through its Passport Denial Program, the State Department denies passports to noncustodial parents who owe more than $2,500 in back child support. Once the owing parent has satisfied their child support arrearage, they… Continue Reading
Child Support When The Child Is Not Yours
Posted in Child Support, Child SupportFor many people, conceiving a child is easy, but figuring out who should pay child support for that child can be complicated. In South Carolina, if a child is born during a marriage, the husband is presumed to be the legal father of that child. If the wife had an adulterous affair, the husband will… Continue Reading
Can a Child Have Three Parents?
Posted in Child Support, ChildrenA Pennsylvania appellate court recently held that three (3) adults were liable for the support of the same children. In this case, a sperm donor had helped a lesbian couple conceive two children, only to find himself liable for child support, which may be the first ruling of its kind in the United States. The… Continue Reading
The Biggest Mistake Made by Fathers in Paternity Cases
Posted in Child Custody, Child Support, Children, Procedure, VisitationQuestion: What is the Biggest Mistake Fathers Make in Paternity Cases? Answer: Delaying. Many fathers wait too long to legally establish paternity in the family court. While many fathers do not understand the importance of having the family court declare them the legal father of their child and delay on that basis, other fathers… Continue Reading
“Deadbeat” Parents Owe Billions in Child Support
Posted in Child SupportParents in Illinois owe $3 billion in child support, while the nationwide debt totals $100 billion. According to state records, the worst deadbeat dad in Illinois is a Chicago resident, who owes his ex-wife and daughters $367,000 in child support. At least 20 Illinois "deadbeat dads" owe their families over $100,000. Source: "State’s Deadbeat Dads… Continue Reading
Child Support Agencies Get Creative in Collections Efforts
Posted in Child SupportThe Child Enforcement Agency in Butler County, Ohio is working with three Cincinnati area pizza parlors to add wanted posters of parents accused of skipping out on child support on pizza boxes. Each box of pizza is plastered with a poster with the names, photos, and last known addresses of ten parents who are not… Continue Reading
Divorce, Alimony, Child Support, and Your Taxes
Posted in Alimony, Child Support, Financial IssuesThis year, the deadline is April 17 for federal and state returns. If you were recently divorced and are paying or receiving alimony under a divorce decree or agreement, you need to consider the tax implication for your 2006 federal income tax return. Alimony payments received from your spouse or former spouse are taxable to… Continue Reading
Another View of “Deadbeat Dads”
Posted in Child Support, Psychological IssuesRhode Island family law attorney Christopher A. Pearsall recently published an article on his blog, which analyzed the concept of labeling "deadbeat dads." I think that Mr. Pearsall’s article is very insightful and causes one to pause to think about how that term is haphazardly thrown around. Here is his article: Deadbeat Dads is a… Continue Reading
Multi-State Child Support Issues
Posted in Child Support, ProcedureThe South Carolina Supreme Court recently issued a decision which addressed problems that can arise for both parties and their attorneys when dealing with multi-state child support issues. Specifically, it addresses what can happen when two different states issue child support orders and the second one does not specifically nullify the first one. In this… Continue Reading
Are “In-Kind” Items Considered Income for Child Support Purposes?
Posted in Child Support, Financial IssuesBreaking with every other state that has considered the issue, the New Hampshire Supreme Court recently held that employer-provided housing, vehicle, and receipt of other in-kind benefits were not includable in "gross income" under its child support guidelines for purposes of calculating a child support obligation. The Court found that since these benefits were not… Continue Reading