Legal Question in Family Law in South Carolina
My husband and I are both currently unemployed and have $20 to our names but he owes $450 in child support a month to his exwife. She is taking us to court on Feb 3 in Atlanta GA for child abandonment because we have been unable to pay since January 1. She has known about our current situation since we lost our jobs in November of 2009.
In the divorce agreement my husband and his ex are supposed to have joint custody with him being able to see his daughter 2 weekends a month and 3 weeks during the summer. That being said the last time that we had custody of his daughter in our home was in May of 2009. We requested to see her while we lived in California offering to pay for her plane ticket out but was told by her mother that she wouldn't allow it unless we not only payed for the daughter but also his ex wife's ticket and hotel room while there. We were unable to afford that so we were not allowed to see his daughter. We recently moved back to SC due to the loss of jobs and were told we could see his daughter for a week directly after christmas (December 27- Jan 3) but were then denied this visitation by her mother again.
I want to know A) what will happen to my husband for not paying her even though we don't have the means, have registered with the SC unemployment commission and have not started receiving benefits, and have made her aware of the situation since Day 1 and B) since they have joint custody and we have not been allowed to see the child since May of 2009 in our home what can be done and if a separate court case needs to be filed?
1 Answer from Attorneys
Under SC law, if either party willfully violates the terms of an Order, that party can be held in contempt and put in jail, made to pay a fine, etc. Two wrongs don't make a right, so she is in the same situation that he's in. He needs to figure out a way to pay the child support owed, or he needs to bring an action to recalculate his child support based on the changed circumstances.
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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