Several articles have appeared in newspapers across the country discussing parents who have fallen behind on their child support payments. Not only have the parents accumulated substantial arrearages, but several are now facing jail time as a result of their actions – sparking a discussion about whether this approach helps or hurts the situation. In… Continue Reading
Category Archives: Contempt of Court
Subscribe to Contempt of Court RSS FeedWhat Does “Exclusive Possession of the Former Marital Home” Mean?
Posted in Assets and Debts, Contempt of Court, Harassment, Procedure, SafetyIn South Carolina, when people separate or divorce, one spouse is typically awarded “exclusive use and possession” of the marital home. This is usually implemented at a temporary hearing soon after the parties separate, but it is subject to change at the final hearing. In either case, an Order is issued specifying who has possession… Continue Reading
Facebook Post Leads to Deadbeat Dad’s Arrest for Failure to Pay Child Support
Posted in Child Support, Contempt of Court, Financial Issues, Research & Investigation, TechnologyAs previously discussed, people say and do stupid things on Facebook. More importantly, experienced attorneys are finding and using evidence obtained through Facebook posts more frequently, particularly in family law cases. Using a person’s own words (or photos) against them can be particularly damaging, especially when it harms their credibility by exposing their lies. For… Continue Reading
Ohio Man Behind On Child Support Ordered Not To Procreate By Family Court Judge
Posted in Child Support, Children, Contempt of Court, Financial Issues, PaternityA recent incident in Ohio shows the frustration one judge felt when dealing with a father who was in arrears on the support owed to several children. Even court orders didn’t appear to be enough to get the man to keep up with his obligations, and the judge was pushed to the brink. Sometimes there… Continue Reading
Visitation and Child Support in South Carolina
Posted in Child Support, Contempt of Court, Financial Issues, Procedure, VisitationIt’s a feeling experienced by many custodial parents in South Carolina: frustration at the failure of the non-custodial parent to pay child support in a timely manner. The payments might be sporadic or even nonexistent. Either way, it can cause real financial stress waiting on money from your former spouse. One typical response to such… Continue Reading
The Importance of Documenting Alimony Payments
Posted in Alimony, Contempt of Court, Financial Issues, Research & Investigation, Tax IssuesAlimony, also known as spousal support, includes payments made by one spouse to the other for that spouse’s support following a divorce. Courts in South Carolina are not required to grant alimony in every case, they instead have the discretion to grant it under certain circumstances (which are discussed here). Alimony payments are typically tax-deductible… Continue Reading
Most Wanted Deadbeat Dad Detained by Federal Authorities
Posted in Child Support, Contempt of Court, Financial IssuesA man dubbed the “most wanted deadbeat parent” by the federal government has been taken into custody by authorities in California. Such a terrible distinction required some serious arrearages and the numbers don’t disappoint. The authorities say that the deadbeat dad owed more than $1 million in back support at the time of his capture. … Continue Reading
Child Support Bills Rack Up Into the Billions
Posted in Child Support, Contempt of Court, Financial IssuesAccording to the federal Office of Child Support Enforcement, $108 billion dollars in back payments for child support were owed to custodial parents in 2009. The problem is huge nationally and incredibly important in terms of each individual family. If child support payments are not paid, it can result in seriously dire financial straits for… Continue Reading
The Importance of Discovery in a South Carolina Divorce
Posted in Assets and Debts, Attorney-Client Relationship, Contempt of Court, Discovery, Divorce, Financial Issues, Procedure, Research & Investigation, SeparationMany couples facing a divorce wonder why the time and expense associated with discovery is necessary. They simply figure that they know what the other spouse’s assets are, because after all, they watched them buy the items in the first place. They mistakenly think they understand the value of all the retirement and bank accounts… Continue Reading
What to Do If Your Spouse Is Not Following the Custody Agreement
Posted in Child Custody, Children, Contempt of Court, Harassment, VisitationAlthough most judges consider it a priority to ensure that their court orders are enforced, parents need to realize that judges must be informed that there is a problem before they can take any action to remedy a problem. This comes up frequently in situations where parents don’t get along and they use a contentious… Continue Reading
How Long Does Child Support Last in South Carolina?
Posted in Child Support, Contempt of Court, Financial IssuesAs many of those with children already know, child support is a payment made from a non-custodial parent to a custodial parent to cover necessary expenses in raising the child. The payment is based on the amount of time each parent spends with the child and the respective incomes of the parents, with some other… Continue Reading
Police Use Facebook To Track Down Delinquent Dad
Posted in Child Support, Contempt of Court, D.S.S. Issues, Financial Issues, Jurisdiction, Research & Investigation, TechnologyWe have previously written about the dangers associated with Facebook when it comes to divorce, but we’ve never talked about the impact Facebook can have on child support arrangements. It’s common knowledge that South Carolina Family Court and law enforcement agencies are aiming to ensure that parents who owe court-ordered child support fulfill their financial… Continue Reading
The Benefits of Lump Sum Alimony
Posted in Alimony, Assets and Debts, Contempt of Court, Divorce, Financial Issues, SeparationThe family law practice area has seen the current economic climate lead to a huge increase in the number of actions seeking modification of existing child support and alimony awards. People are losing jobs, losing homes, taking pay cuts, losing bonuses and other compensation that was previously used to determine such financial support awards. This… 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
Are There Sentencing Guidelines in Family Court?
Posted in Contempt of CourtQuestion: Does the Family Court have any sentence guidelines or limits on how long a person can be sent to jail for failure to pay child support? I have heard that six months was the maximum sentence. Answer: There are no "sentencing guidelines" in Family Court, and the punishments imposed for contempt issues can vary… 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
What If I Cannot Afford to Pay the Mortgage Like the Divorce Decree Requires?
Posted in Assets and Debts, Contempt of CourtQuestion: In our divorce, I was ordered to sell our marital home and to pay all of the expenses for it until it is sold. Will I be held in contempt of court if I can’t afford to make the payments and the house goes into foreclosure? Answer: Yes, you can be held in contempt… Continue Reading
What Should You Do If The Other Parent Refuses Your Visitation?
Posted in Contempt of Court, VisitationQuestion: This is the weekend that I am scheduled to have visitation with my children. If the children’s mother does not bring them, should I try to have her held in contempt of court? Should I file a police report, or what else can I do to help me with proof in court? Answer: If… Continue Reading
What You Can Learn from the Britney Spears Saga
Posted in Child Custody, Children, Contempt of Court, VisitationHofstra Law Professor Joanna Grossman has taken a careful, scrutinizing look at the Britney Spears case and used it as a backdrop to discuss what everyone should know about family law cases in general and child custody cases in particular. It is a very interesting read, and here are some of the lessons she discusses:… Continue Reading
Visitation When Your Former Spouse Has A Live-In Girlfriend
Posted in Children, Contempt of Court, VisitationQuestion: I have been divorced for several years. My Divorce Decree states that neither party can have the persons of the opposite sex spend the night when the children are present. My ex-husband now wants to move in with his girlfriend. If he moves in with her, do I still have to send my children… Continue Reading
Judges Expect Attorneys to Act Reasonably and Civilly Too
Posted in Contempt of Court, ProcedureAs I posted yesterday, judges want parties to act reasonably in their Family Court cases. However, judges also want attorneys to do the same. As discussed in my post today at the South Carolina Personal Injury Law blog, some judges have made it clear that they will not tolerate uncivil or unreasonable conduct from attorneys… Continue Reading
How NOT to Behave in Court
Posted in Contempt of Court, ProcedureThe SC Court of Appeals has affirmed a trial court’s decision to hold a party in contempt of court for (a) making an obscene finger gesture to his attorney after the hearing concluded and (b) using profanity directed at the judge. While most people would certainly not act as outrageously as the man in this… Continue Reading
Recent Case Discusses Contempt of Court Issues
Posted in Contempt of CourtThe S.C. Court of Appeals recently affirmed a Family Court Order which awarded the wife alimony and attorney’s fees and found the husband in contempt of court. The husband had failed to comply with the family court’s orders concerning the distribution of personal property, payment of wife’s equitable share of the marital home, harassment, and… Continue Reading