Legal Question in Family Law in South Carolina
child support
I am currently behind on child support, my ex-husband tells me I can't see my son because the court order states my visitation is at the discretion of the father and since I remarried outside of our race I can't see him. I already served a six month sentence for being behind and now I'm even more behind. I don't have a job and Im trying to attend college classes so that I may have a good job to support my son, what should I do? Is there anything I can do to get visitation and or a break for not being able to pay?
1 Answer from Attorneys
Re: child support
The Court typically views child support and visitation as separate issues, and the failure to pay the support doesn't always mean that the visitation is denied. The problem you have is that there is no set visitation and it's at his discretion.
You can bring an action to have the visitation specified, so that you will have a set schedule which will allow you to visit. His attempt to deny visitation based upon your marrying "outside of your race" will almost certainly not hold up.
In the action to have the visitation schedule set, you can also seek to have the child support recalculated based on your going back to school, and hopefully the Court will set an amount that you will be able to pay to avoid future contempt situations.
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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