Legal Question in Family Law in South Carolina
Contempt of Court
We have a Court ordered Consent Order Rule to Show Cause and Modifying Final Agreement signed and agreed upon by all parties. The Mother is to deposit 20% of Father's death benefits into College Account for minor Child. Lauren is 11 and our deceased son's child. There are various penalties in place as well for not depositing money. The Mother now is 6K in arrears to Lauren's account. My question is can we ask the Court to file Rule to show cause order to the Mother? We have had many health issues this past year and really can't afford to continue paying our Attorney. We have already paid out over 35K over the past 4 years and still do not have custody. We obtained a court ordered Hair Follicle drug test on the Mother 3 1/2 years ago. It was positive for crack and cocaine. We had to return the child before these results were final. When they were released The Judge did not order the Mother into Rehab. He simply left a child with a drug addicted Mother. Can the Court require the Mother to appear and explain why she does not follow signed Court documents? I certainly hope that this is so because Lauren is living in hell. We get monthly visitation and the last 6 months she has had head lice. We document, treat and inform
2 Answers from Attorneys
Re: Contempt of Court
If the money is "in the nature of child support," then the mother can be held in contempt. If not, you can only sue the mother in civil court, and no action is available in family court.
You might also consider a "751" or "39" action, which allow you to take custody of a child who is related to you and is suffering from neglect or abuse. Of course, you probably shouldn't file one of these actions without a lawyer's help.
Re: Contempt of Court
You can certainly file a contempt action against the mother for her failure to comply with the terms of the prior Order. I suspect that the Court will not be pleased with her financial irresponsibility. As for the custody issues you raise, it is not possible to comment on them without receiving much more information from you.
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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