Legal Question in Family Law in South Carolina
back child support from deadbeat dad
Our parents divorced about 1984, mom got custody of brother and me. Dad was to pay $400 month until we turned 18/graduated from HS. He paid 10-12 months' pymts in about 10 yrs, then stopped and just left us hanging for food and necessities. Now owes about $30k back support. Divorce papers also said he was to pay 1/2 of our college expenses, but he told us to get jobs and do it ourselves or get mom to pay. We're now 30 and 32, mom is ill and unable to work, dad is probably dying from terminal illness. He remarried a week after the divorce, raised her 3 kids like his own (better, since he actually supported, dressed, and fed them!). He says we're cut out of his will because we stood up for mom all these years. My question is can we (kids) still collect back support from him, and how? And does it go to mom or kids? Can it come out of his estate after he dies? Who files, and where? Divorce was in IL, dad lives in SC, kids are in WI and CT. Thanks in advance for your advice.
1 Answer from Attorneys
Re: back child support from deadbeat dad
Your mother can pursue a contempt action against him in SC for failure to pay child support as ordered, and you and your brother can also pursue a contempt action for failure to pay college expenses as ordered.
However, your father can assert a defense against both actions for the failure to pursue them within a reasonable time. There's no guarantee that he will prevail on that defense, but he can attempt to use 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
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
