Legal Question in Family Law in South Carolina
child support
my ex and i have joint custody of our two year old son, but he is the primary cargiver. I am a few months behind on child support. we have papers stating what it is I am to pay but i pay him directly not through the court house. i want to my son for the holidays but i am fearful that he will try to hold the support over my head. if worse comes to worst can he call and have me thrown jail or being that it is not paid through the courts would he have to take me to court to put me in jail or to keep my son from me.
1 Answer from Attorneys
Re: child support
Just because you are behind on child support doesn't mean that he can deny you visitation. The two issues are separate, and if he violates your visitation times, you can file a contempt action against him.
However, if he wishes to pursue a contempt action against you for failing to pay the child support, he can do so. As a practical matter, it usually takes a few weeks to get such a hearing scheduled, so if he has not already done so, it is unlikely that he can do it that quickly.
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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