Child Support Agency not following guidelines

[Just Blue]

Your links prove nothing, in South Carolina, if your case is through DSS, you have to go through them to file for a modification. If it's a private case then you go through family court.

Defendant's Instructions (Decrease Child Support) (sccourts.org)

sigh...

Tell you what...call the S.C. Bar Assoc. and get a referral or 5. Take all your court doc to them and see what they have to say. Afterward come back and let us know what they advised.

https://www.scbar.org/about-us/contact-us/

 

[bigql83]

You are misinterpreting the document you have linked. There is nothing in that document that states that only DSS can modify your child support if the original order was through them. Once again, a judge always has the authority to modify child support. The judge in your custody case could have modified the child support had you asked him to do so. That should have been part of the custody orders.

Obviously the judge has the authority to modify child support as they eventually did in my case but a DSS case goes through DSS. You have to have a negotiation hearing with DSS first in South Carolina. Then it goes to family court with a judge.

 

[Ohiogal]

Obviously the judge has the authority to modify child support as they eventually did in my case but a DSS case goes through DSS. You have to have a negotiation hearing with DSS first in South Carolina. Then it goes to family court with a judge.

You are wrong. But continue.

 

[not2cleverRed]

Obviously the judge has the authority to modify child support as they eventually did in my case but a DSS case goes through DSS. You have to have a negotiation hearing with DSS first in South Carolina. Then it goes to family court with a judge.

Yes, but they can only go retroactively to the date of filing for modification of child support with the court.

Look at it this way: you still paid less than a court trial would have cost.

 

[bcr229]

Yes it was modified 2 years ago but the first line remains the same that state we have joint custody with the mother as the primary. But it also lists the amount of time I have with my son as Sunday through Friday, mother gets 2 weekends a month, half of summer/holidays. A total of 81 days. The problem was that DSS used the reasoning that because the order states that she is the primary that I should pay support. When the fact their guidelines have no such rules and are based strictly on actual physical overnights.

I realize I'm coming late to this party but when the custody orders were modified did you have an attorney? I would think that a local attorney would have been aware of how DSS interprets custody orders and calculating child support by default based on the "joint custody" verbiage, which is a big reason to hire one.

 

[bigql83]

I realize I'm coming late to this party but when the custody orders were modified did you have an attorney? I would think that a local attorney would have been aware of how DSS interprets custody orders and calculating child support by default based on the "joint custody" verbiage, which is a big reason to hire one.

Yes I did have a local attorney and at the time of the hearing the attorney and the judge both acknowledged that child support was through DSS and was a separate issue that had to be handled through them. I've had my child support modified twice before with two different attorneys and both times the attorney and me met at DSS to negotiate reductions.

 

[stealth2]

Curious - you apparently received the judge's ruling on this matter the day before starting this thread. What purpose did you think it would serve?