Legal Question in Family Law in South Carolina
rule to show cause
I have a final order. I have sole custody of my daughter.
X provides medical and dental ins.
I pay 60% of bil she pays 40%.
''I have 30 days to send proof of expense, she has 30 days from receipt to pay.''
Daughter got braces 9/4/07 after ins 9/17/07 I paid balance and sent her an email to pay me the 40% withing her 30 days.! she says her attorney said because I didn't prepare her for the braces, and decided to pay the bill in full without discussing it with her she does not have to pay within 30 days. the 30 days will be up 10/17/07. She sent me a payment with child support this month for $125 and said she will be making payments to me. My money is tied up now until she pays her amount $1630. I spoke to the courts and they sent me a rule to show cause. Do I have a case?
Child support is also due on the 1st with 5 day grace. She usually mails her checks on the 4th and I get them any where from the 6th to the 8th. This month she sent it early. Can I file a rule for the child support being late also?
Am I being too petty?
1 Answer from Attorneys
Re: rule to show cause
You can file a RSC if you believe that she is in violation of the Order. I think that there are good arguments to be made on both sides of the orthodontic expense issue, but I think that would probably prevail on it.
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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