Can I ask DSS for child support?

[TrueNorth]

What is the name of your state (only U.S. law)? South Carolina

Hello all,
I have a question regarding my court order and child support. In my court order, it states that neither party may take further legal action without attending a mediation first. 2 years ago, we agreed that no child support would be paid and so it was put in our order. The circumstances have changed and I want to request child support be paid. Would it be against the order to request child support through DSS? I have discussed this with the non-custodial parent and he always says that he will help to pay for expenses but never actually does when it comes down to it.

 

[TheGeekess]

What is the name of your state (only U.S. law)? South Carolina

Hello all,
I have a question regarding my court order and child support. In my court order, it states that neither party may take further legal action without attending a mediation first. 2 years ago, we agreed that no child support would be paid and so it was put in our order. The circumstances have changed and I want to request child support be paid. Would it be against the order to request child support through DSS? I have discussed this with the non-custodial parent and he always says that he will help to pay for expenses but never actually does when it comes down to it.

CS is fluid and changeable. File.

 

[wavehopper27]

Any agreement that limits or prohibits either party from seeking a child support modification is unenforceable.

 

[TrueNorth]

It doesn't say that we can't seek child support, it only states that there currently will not be child support ordered.

 

[wavehopper27]

Like Geekess said, CS is fluid. If there is a large enough discrepancy with what is ordered currently and what would be ordered under the guidelines, your modification request will be approved.

It is the responsibility of BOTH parents to financially support their child(ren) to the fullest extent possible.

 

[Zigner]

The OP is asking if she can skip mediation/court and go directly to DSS for an order. The answer to that is "no." DSS will only be able to assist in scheduling a court hearing. I suspect that mediation is a requirement in SC (as in most states), regardless of whether it's specifically mentioned in the order. In any case, the OP WILL need to have this heard in court.

 

[BL]

Are you receiving DSS benifits ?

If so DDS usually files on your behalf.

If not then the speak to CS enforcement Office .

Show them court orders .

Why wouldn't you want to follow mediation ?

 

[TrueNorth]

Are you receiving DSS benifits ?

If so DDS usually files on your behalf.

If not then the speak to CS enforcement Office .

Show them court orders .

Why wouldn't you want to follow mediation ?

Mainly to avoid paying unnecessary lawyer fees in court. The father is unemployed and has been for nearly 5 years, we will not likely come to agreement in mediation if it involves him paying any child support at all.

 

[Silverplum]

Mainly to avoid paying unnecessary lawyer fees in court. The father is unemployed and has been for nearly 5 years, we will not likely come to agreement in mediation if it involves him paying any child support at all.

Mediation is not court, and you don't need an attorney for child support.

How do you plan to squeeze money from the perpetually unemployed Dad?

 

[TrueNorth]

I've been patient and understanding of his situation for the 5 years that he hasn't helped support our child at all. I've decided to try to get an order and let him figure out how to pay it.

 

[stealth2]

I've been patient and understanding of his situation for the 5 years that he hasn't helped support our child at all. I've decided to try to get an order and let him figure out how to pay it.

As you should. If he doesn't pay, you're no worse off. But as we would tell him if he were posting - it is his responsibility to help support his child.

 

[CJane]

IMO, it would be a good idea to go ahead and file a complaint for a CS increase ( http://www.sccourts.org/forms/pdf/SCCA431.pdf ), and ASK the court to ORDER mediation, as part of the complaint. That way when/if mediation fails, you don't start from ground zero.

There's a calculator here: http://www.state.sc.us/dss/csed/calculator.htm it should give you some idea of what Dad would be ordered to pay ... assume 40 hours @ minimum wage, unless you KNOW he could be making significantly more than that and can PROVE it in court.