Legal Question in Family Law in South Carolina

I AND MY EX FORMALLY DIVORCED ON DEC 17, 2010. From court order, I keep my son through the week and my ex have him from every Fri 5pm until Sunday; I get child support through the court by the 5th every month. On settlement, we also agree we both dont let my son be around any opposite-sex unless we are married.

Question 1: Today is Jan 12. I haven't get my child support. What I can do? Do I have the right to keep my son until I get child support?

Question 2: Last weekend my son came back from his daddy, he told his daddy hit his head hardly. And his daddy already had his girlfriend moved in his house during the New year of 2011. and he didn't tell my son or me, his circumstance changed. And when my son came back from him, my son was upset and very unhappy. He said he didn't like that change and want them go away. He said the lady's son took his toys and daddy wanted him sleep with the boy and he refused and was crying. The worst thing was that he told me daddy kissed the lady on the bed and they were naked. I don't know how he saw it and how often he saw it as he i

s just 4 yrs old. It scared me. . Could I REPORT this and where I could report this? Is it possible to have full custory according this?

Also the lady's son has Autism. I don't know how dangerous it is to let my son around him. If he gets hurt from the child, could I order the restraining order from him? I am a mom. Hope you couls understand.

Thank you!

Hong


Asked on 1/11/11, 4:15 am

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

On the first issue, the Court views child support and visitation as separate issues. If he fails to pay child support, you cannot simply withhold visitation from him, and vice versa. Your remedy for his failure to pay child support is to file a contempt action against him.

With regard to the other issues, the burden is on you to prove that he has violated the terms of the Order, and if you can, then you may file a contempt action against him for those issues as well. If you can prove them, then the Court will have several options available, including suspending his visitation until he remedies his home environment.

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.SpartanburgLawyers.com). I wish you the best of luck.

Ben Stevens

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Answered on 1/23/11, 1:21 pm


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