Legal Question in Family Law in South Carolina

Hi, i have a question bout my fiance's situation. He's been having a hard time figuring things out and if it's okay with i will tell you his situation... Well, he's already divorced 2007 and his ex wife asked for a higher child support. From 300 but he gives 400 because his mom is just so nice. His ex wife also ask for 150 on their kids birthday.but they dont even get to attend. �2 kids. But his ex wife filed for a higher child support and went to dss. She pretty much lied that she ask for 150$. She told the dss that its my bf who gave it without her asking. Then about a year ago she asked him to take out the two kids out of the insurance that hes paying because she said they already have medicaid. So that means shes getting something from the government right? But now that hes asked to pay 576 monthly but the thing is. One of their kid is not filed on my fiances tax return.and what she wrote on her income for dss is zero so that means she cant get a tax return if that happens right? And she still ask for the tax return money from the one that my fiance files. Now were wondering if shes able to file the tax return that means shes earning income which we dont get coz she claimed zero or she wrote on her statement zero right? But the thing is she living with her bf which is the reason why they had their divorce coz she cheated on my fiance with her cousins husband. And they have a teo year old baby together. Theyve been living together for a while now and my bf is trying to find out if hes the one �who files the tax return for one of their kid because he didnt know bout it. So shes living in a two story house with that guy that she says that theyre married but we dont know yet if they really are because she lies a lot. She can afford a $2k gucci bag a luxury car and all those things and she gets money from the government. She hasnt work since and only depends on the child support. And she hasnt work because of their baby from the other guy. Their kids are already 7 and 11 years old. Please let me know what my bf can do about it because hes full of it already. Please reply back asap. Thank you.�


Asked on 8/11/12, 8:03 pm

1 Answer from Attorneys

Barbara Strowd Barbara A. Strowd, Attorney at Law

I will give you some basic information but if your boyfriend wants to know exact answers for his situation please ask him to meet with a local family law attorney. Now, if the wrong numbers for your boyfriend's income or his ex's income were used then he needs to contact DSS and ask that child support be recalculated. If the correct numbers were used for income, cost of children�s health insurance, number of children, any support paid to others and cost of work related daycare then the child support amount is likely correct. As for the $150 that he has paid for birthdays, that will be considered a gift and not support. He is not required to do that in the future, but if he wants to give the children money that is great...but it is not child support. As to which parent should claim the children on taxes, generally the parent with custody of the children claims the children. Have your boyfriend review his divorce decree and see if it says anything about who will claim the children. If it does not say anything then it�s probably the mother because it appears she has custody. I am confused about why your boyfriend is giving his ex a portion of his tax return even though he does not claim the children. Unless there is something in the divorce order which says he is required to do this, and I really doubt that there is, then he is probably giving her a gift. If his ex is not filing taxes then your boyfriend needs to ask her if he can claim the children while she is not working. If he is going to do this I would have him get an attorney's assistance so that he could have this added to their current order. As to his ex living with a man, this could cause issues in a couple of areas. First, if they are not married, there may be a restraint in their court order against overnight girlfriends and boyfriends with the children. Again this is where an attorney's assistance would be helpful. Also, you are right; if she is living with her boyfriend she may be giving the state false information about her current living arrangements. If she is receiving housing assistance and she has a man living in the home without advising the state, she could lose her housing. You have provided a lot of information, but the best advice I can give you is to have your boyfriend meet with an attorney. Many attorneys offer a low cost consultation. A consultation will give your boyfriend an idea of what he needs to do to help his specific situation. Please make sure he takes a copy of his divorce papers to the consultation. Good luck!

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Answered on 8/16/12, 6:35 am


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