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Child support held in abeyance

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BlairR

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

My ex got temporary full custody 8 months ago. The court order stated that child support would be held in abeyance. I began paying a small amount of child support several months ago without knowing how much or how often I was to pay child support. A judge nor my lawyer informed me of a specific amount of child support I was to pay. We never went back to court. I was going to petition the court for joint custody last month, but my ex had petioles the court before I had the chance to. He was asking for almost $400/month for child support. My lawyer told me that I would not be allowed to ask for a change in custody at that time because I was considering in default of the court due to child support. I was floored. No one said a word to me about the. Hold support being held in abeyance had changed. I was pay about $150/month because it was all I could afford at the time and I knew it was the right thing to do. I want to spend more time with my child and I do not want my time limited to 4 overnights a month. Is this right? I feel as though I'm being forced to see my child for this small amount of time and pay a certain amount of money just because my ex will not let me spend more time with my child. Is there some error on the courts part? I thought we would go back to court and child support would be discussed at the final hearing as well as a change in custody. But now we are ordered to go to mediation and a guardian ad litem. Anyone have any advice?
 


Zigner

Senior Member, Non-Attorney
I would advise you to listen to your attorney. None of us should be second-guessing him/her. If you don't trust the advice of your attorney, then I would suggest you hire a new one.
 

BlairR

Junior Member
I feel as though my lawyer does not really care about my case. He's working on my case pro bono and does not really communicate with me. For example, I went to court on September 3rd this past month and was ordered to go to mediation in 60 days. It's almost been a month and I haven't heard a word from my lawyer. I do not even have a copy of the recent court order. From the time the father of our son was awarded temporary full custody (April of this year) until August I was not told anything by my lawyer or the court I was to start paying child support or how much. I feel like I was blind sided because I thought I would go back to court to resolve the matter of child support, not told I was in default of the court for not paying child support when the last court order I received told me child support is to be held in abeyance.
 

stealth2

Under the Radar Member
Well... Your lawyer likely has cases what s/he is getting paid for that are more important as a result. That shouldn't be a shock.
 

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