Legal Question in Family Law in South Carolina
Child support
A divorced father has been paying child support in south carolina for two children. He has never missed a payment. One child turned 18 in 2005 and went to college for a year then became independent. When one child turned 18 the father reduced child support payments to the mother but continued to support the older child. The mother is now sueing the father for back child support because he never had the child support order modified when the older child became emancipated. He has paid a little over half of child supprt to the mother since the older child became independant. The mother wants the diffrence since the order was never modified. Does he have to pay the difference from 2005 when child graduated/became independant up to present.
1 Answer from Attorneys
Re: Child support
Child support does not automatically reduce when the older child becomes emancipated. He could have (and should have) brought an action at that time to have his support recalculated. He may have some defenses to the mother's contempt action, but more information is needed to be able to answer with certainty.
These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
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