I currently live in Ohio, my son lives with me and my daughter lives in South Carolina with her mother. I am paying an amount based on a old income and presently make less than 75% than my older income. I am trying to get an emergency hearing in South Carolina because the current child support amount has my son and I in jeopardy of losing our place of residence. South Carolina has ignored my initial requests for modification and seems not to care that one of the children has been living with me for the last 4 years. I am left with $400 a month to live on, can't afford a lawyer, a teenage son to take care of and a slew of other responsibilities . Is there any help I can get?

They have ignored you for the 4 years your son has lived with you?

Have you sent your request registered mail, receipt requested?

Have you tried Legal Aid? Is there a law school near you?

1) Yes, they have ignored me. The answer from the case worker was 'you also have another child that you have to pay support for' .
2) I'm not sure how the request was sent. I asked the local enforcing agency to help me.

3)Legal Aid will not assist me because I am in the arrears.

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Originally Posted by Rjacksonsr

1) Yes, they have ignored me. The answer from the case worker was 'you also have another child that you have to pay support for' .
2) I'm not sure how the request was sent. I asked the local enforcing agency to help me.

3)Legal Aid will not assist me because I am in the arrears.

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1) You can file the papers yourself or have the agency file them on your behalf.

3) They can't ignore you because you are in arrears. If that is what they are stating then make sure to get it in writing. It would be illegal to turn you away for that reason.

Can you just apply fir child support for the child you have? Then they might see the problem they refuse to fix.

3) the South Carolina Legal Aid intake department has informed me their policy is that if you are not current on your support they cannot help you with a modification, which is what I was looking for help with.

Family Courts are generally more user friendly. I think the problem here is you are asking the wrong people. The case worker is just interested in enforcing the case she has and no interest in helping you change things. They have no power to modify the order. Only a court can do that.

You need to file a petition in the Family court in SC for a modification. If the original order was based on 2 children living with your ex, then you need to show that a) your son has been living with you, and b) that your income has changed from what was reported at the time of the original order.

Frankly, it is largely your own fault that this has dragged on for 4 years. If you had done it properly, it would probably have been taken care of by now.

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Originally Posted by Rjacksonsr

3) the South Carolina Legal Aid intake department has informed me their policy is that if you are not current on your support they cannot help you with a modification, which is what I was looking for help with.

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Do you have any copies of that or maybe a link to it online? So far as Im aware of that is a civil rights violation. The only thing they can base it on is income.

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Originally Posted by ScottGem

Family Courts are generally more user friendly. I think the problem here is you are asking the wrong people. The case worker is just interested in enforcing the case she has and no interest in helping you change things. They have no power to modify the order. Only a court can do that.

You need to file a petition in the Family court in SC for a modification. If the original order was based on 2 children living with your ex, then you need to show that a) your son has been living with you, and b) that your income has changed from what was reported at the time of the original order.

Frankly, it is largely your own fault that this has dragged on for 4 years. If you had done it properly, it would probably have been taken care of by now.

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Thank you very much for that information. And yes, you are right, I should have taken care of this 4 years ago. My drastic loss of income and dealing with a teenage boy had consumed me where I didn't handle business.

They do not care that the child lives with you, unless you file a motion to change custody and to change support, I had a child that lived me with for 3 years and I had to pay support on them, I could not get it to court, for various reasons. The support is due as per the court order until it is changed.

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Originally Posted by Fr_Chuck

They do not care that the child lives with you, unless you file a motion to change custody and to change support, I had a child that lived me with for 3 years and I had to pay support on them, I could not get it to court, for various reasons. The support is due as per the court order until it is changed.

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That is exactly the problem I've been having. Every time I file for a change if custody I am given various reasons as to why my local court doesn't have jurisdiction or why the courts in South Carolina won't answer me. I am having the hardest time understanding the validity of child support. If its supposed to take care of the child and I'm taking care of him why am I still paying the mother who is not taking care of him?

"That is exactly the problem I've been having. Every time I file for a change if custody I am given various reasons as to why my local court doesn't have jurisdiction or why the courts in South Carolina won't answer me. I am having the hardest time understanding the validity of child support. If its supposed to take care of the child and I'm taking care of him why am I still paying the mother who is not taking care of him??"

Because you never took the time to notify the Court of the change and the Court can't read your mind.

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Originally Posted by JudyKayTee

"That is exactly the problem I've been having. Every time I file for a change if custody I am given various reasons as to why my local court doesn't have jurisdiction or why the courts in South Carolina won't answer me. I am having the hardest time understanding the validity of child support. If its supposed to take care of the child and I'm taking care of him why am I still paying the mother who is not taking care of him??"

Because you never took the time to notify the Court of the change and the Court can't read your mind.

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I did notify the court on numerous occasions. It has been very difficult to so while living in Ohio raising a teenage child. The courts are over 14 hours away and I don't have the money for an attorney so I have to rely upon research and advice. Not looking for sarcasm just answers.

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Originally Posted by Rjacksonsr

I did notify the court on numerous occasions. It has been very difficult to so while living in Ohio raising a teenage child. The courts are over 14 hours away and I don't have the money for an attorney so I have to rely upon research and advice. Not looking for sarcasm just answers.

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Furthermore understanding each states rule has been very cumbersome to say the least...

You asked "If its supposed to take care of the child and I'm taking care of him why am I still paying the mother who is not taking care of him??"

I told you why - until the Court Order gets changed (and the situation has been in place for 4 years from what I can figure) the Court has no idea where the child lives, who is supporting the child.

Why are you paying the mother who isn't taking care of him? Because you never LEGALLY changed who/what/where. It's not sarcasm. It's fact.

Yes, State to State is complicated. I would venture a bet that with what you've paid unnecessarily in child support over the past 4 years you could have retained an Attorney and straightened this out.

If you are in arrears, by the way, you haven't been paying for 4 years, as directed.

I don't know what answer you want or expect. Change the Court Order, keeping paying, wait for the child to "age out." That's how it works.