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Child Support Help

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S

sitedude

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

Hi my name is Jeremy I need help with a serious child support case pending. The case involves my 5 year old daughter, for the first 4 years of my daughters life I had full custody but after my ex wife took parenting classes I allowed her to take care of her while I got back on my feet, I moved to South Carolina, my daughter is in Florida. A month after I left I was served papers that she wanted primary custody and also child support. Her laywer is threatening me stating that him and the judge are best friends and if I do not agree to pay (250.00) a month in his agreement I will be held in contempt of court with a warrant issued for my arrest. I have no physical way to make it to the court date on Feb 2nd.
I told him 250.00 sounds very high for someone who does not have any income to pay and he says thats Florida's minimum, is there a way to check this? Also what can I do, if I don't sign the papers I have to make it to Florida by the 2nd which is near impossible if I do sign it I am agreeing to pay 250 a month that I do not have (She also owes me 2 years of back child support that during our divorce was cancelled because she had no means to pay)

Please any advice will be helpful.
 


M

mistoffolees

Senior Member
sitedude said:
What is the name of your state (only U.S. law)?
South Carolina

Hi my name is Jeremy I need help with a serious child support case pending. The case involves my 5 year old daughter, for the first 4 years of my daughters life I had full custody but after my ex wife took parenting classes I allowed her to take care of her while I got back on my feet, I moved to South Carolina, my daughter is in Florida. A month after I left I was served papers that she wanted primary custody and also child support. Her laywer is threatening me stating that him and the judge are best friends and if I do not agree to pay (250.00) a month in his agreement I will be held in contempt of court with a warrant issued for my arrest. I have no physical way to make it to the court date on Feb 2nd.
I told him 250.00 sounds very high for someone who does not have any income to pay and he says thats Florida's minimum, is there a way to check this? Also what can I do, if I don't sign the papers I have to make it to Florida by the 2nd which is near impossible if I do sign it I am agreeing to pay 250 a month that I do not have (She also owes me 2 years of back child support that during our divorce was cancelled because she had no means to pay)

Please any advice will be helpful.
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You don't have to do anything simply because ex's lawyer requests it. You only have to do what a judge orders you to do.

If the current orders say that you have primary custody, then you are free to go get the child. Until the court changes custody, the old orders remain in effect.
 
Ohiogal

Ohiogal

Queen Bee
sitedude said:
What is the name of your state (only U.S. law)?
South Carolina

Hi my name is Jeremy I need help with a serious child support case pending. The case involves my 5 year old daughter, for the first 4 years of my daughters life I had full custody but after my ex wife took parenting classes I allowed her to take care of her while I got back on my feet, I moved to South Carolina, my daughter is in Florida. A month after I left I was served papers that she wanted primary custody and also child support. Her laywer is threatening me stating that him and the judge are best friends and if I do not agree to pay (250.00) a month in his agreement I will be held in contempt of court with a warrant issued for my arrest. I have no physical way to make it to the court date on Feb 2nd.
I told him 250.00 sounds very high for someone who does not have any income to pay and he says thats Florida's minimum, is there a way to check this? Also what can I do, if I don't sign the papers I have to make it to Florida by the 2nd which is near impossible if I do sign it I am agreeing to pay 250 a month that I do not have (She also owes me 2 years of back child support that during our divorce was cancelled because she had no means to pay)

Please any advice will be helpful.
Click to expand...
File a complaint with the Florida bar against the attorney if he is actually stating the bolded. Also file requesting a continuance.
 
S

sitedude

Junior Member
I will file a complaint with the bar, but he is not willing to negotiate at all and she knows i'm in a place where I have no form of transportation, I gave all my money up in attempt to start a new business venture and a new life and failed, do you know if you HAVE to be in court if they have set a trial, what if it is impossible to make it? She knows at this point and her lawyer also I have no physical way to travel 1200 miles at this time.
 
TheGeekess

TheGeekess

Keeper of the Kraken
sitedude said:
I will file a complaint with the bar, but he is not willing to negotiate at all and she knows i'm in a place where I have no form of transportation, I gave all my money up in attempt to start a new business venture and a new life and failed, do you know if you HAVE to be in court if they have set a trial, what if it is impossible to make it? She knows at this point and her lawyer also I have no physical way to travel 1200 miles at this time.
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Yes, if you don't want a default judgment in her favor. :cool:

And what part of South Carolina is 1200 miles from Florida? :confused:
 
CJane

CJane

Senior Member
TheGeekess said:
Yes, if you don't want a default judgment in her favor. :cool:

And what part of South Carolina is 1200 miles from Florida? :confused:
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You need to find out if appearing telephonically is an option.

And for the record? She doesn't owe you anything if the court waived the order.
 
Zigner

Zigner

Senior Member, Non-Attorney
OP is out of state and has no money. Apparently, the ex has enough money for an attorney. I don't see this going well for the OP.
 
S

sitedude

Junior Member
If I am forced to sign these papers to avoid the appearance can I later appeal them? It's a 1200 mile round trip, my vehicle would never make it, it has a bad transmission currently, working to get it repaired but after fixing it would not have any money to physically make it there and have a place to stay.
 
Zigner

Zigner

Senior Member, Non-Attorney
And...for the record...I suspect our OP is doing an awful lot of paraphrasing.
 
CJane

CJane

Senior Member
sitedude said:
If I am forced to sign these papers to avoid the appearance can I later appeal them? It's a 1200 mile round trip, my vehicle would never make it, it has a bad transmission currently, working to get it repaired but after fixing it would not have any money to physically make it there and have a place to stay.
Click to expand...
No. You may not appeal an agreed order.
 
M

mistoffolees

Senior Member
Zigner said:
No, you will simply (likely) lose and your ex will (likely) get whatever she asks for. Assuming you've been properly served.
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Actually, ex will get whatever she asks for even if he hasn't been properly served.

Of course, if he wasn't served, that will give him grounds to have the decision set aside, but I don't see him doing that.
 
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