Legal Question in Family Law in South Carolina

Back child support and rule to show cause hearing.

I am not employed due to medical disability. I have a hearing to show cause why I have not been able to make my child support payments. I want to file a motion to reduce or suspend my child support payments until I am able to return to work. How long before the actual court date do I have to file this motion? Who would I file the motion with?

Asked on 5/31/09, 11:29 pm

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center
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Re: Back child support and rule to show cause hearing.

In SC, you have to file a new action seeking to reduce, modify, or terminate your child support obligation, and you will be required to show a significant change of circumstances to support your request. If you are medically disabled, then that will most likely be a sufficient reason. The new action (along with a Motion for Temporary Relief) should be filed a.s.a.p., and your attorney can then work with the pending contempt hearing to try to reach a successful resolution for you.

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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6/01/09, 4:56 pm

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