Check out some similar questions!

Art_Vandelay · Dec 9, 2009, 06:51 AM

Sorry if this is a little long.
In 2000 (case/support order started in SC) my daughter was to receive Medicaid. In order to do this I had to be put on child support. I had no problem with this as I was in college and I understood my daughter needed medical insurance. In 2002 I graduated from college and my daughter mom decided it was my turn, so I had physical cusotdy of my daughter. Although my daughter was with me I still was paying child support because of Medicaid. Wanting to change this situation, in 2003 I took my daughters mom to court for custody and I received primary legal custody and physical custody. I did not ask for any child support. In 2005 I moved to KY for a job and got married in 2006 (not to the mother). Also in 2006 my daughter’s mother filed to get primary legal custody and physical custody back (case filed in SC). I opposed this of course and also countered to have a child support and visitation requirements. The final hearing was in 2007 (which I won) and in 2008 she was to pay child support. She paid for the first 6 months but later called me to ask for a reduction due to hardship. Wanting to avoid going back to SC, I agreed. She had her lawyer send up paper work which I reviewed with the free legal counsel I had. Well in the paper work it said that the plaintiff (since she started the case for custody) would have child support "paid to" the defendant. Family services office in SC told me that this meant she no longer had to pay support through them but it was now direct pay to me. This meant that they would no longer enforce if she paid and that responsibility was on me. Of course she hasn't paid since then. All of this happened on the original child support order started back in 2000. They said it was easier just to reverse who was to receive support rather than open a new case. However, because of that I always had to go to SC for hearings. My question is now that family services in SC won't enforce the support order, does this mean the case is closed on their side. If so, can I get a lawyer here in KY and have the case moved here because of that? I find it ridiculous that I have to travel to SC to get changes when she is the one not providing any support.

JudyKayTee · Dec 9, 2009, 07:33 AM

I think you need an Attorney for this - if it's a Court Order, then move to hold her in contempt. The fact that she was to pay direct, did not, the Support Unit has stepped back, does not absolve her of the need to pay. Support cases CAN be transferred to the jurisdiction where the child resides. You would have to apply for this relief.

stinawords · Dec 9, 2009, 09:20 AM

I strongly suggest getting an attorney and going to court again. It is possible to move the case but will be much more in your reach if you have an attorney to file all of the paperwork and go to bat for you in front of the judge.

Art_Vandelay · Dec 9, 2009, 10:53 AM

Great! Thanks for the responses. The cost of the lawyer is more than the support but it's the principle that matters. If I have to abide by visitation rights than she has to pay!

JudyKayTee · Dec 9, 2009, 07:23 PM

Originally Posted by Art_Vandelay

Great! Thanks for the responses. The cost of the lawyer is more than the support but it's the principle that matters. If I have to abide by visitation rights than she has to pay!

Request that she pay your Attorney fees - happens in contempt matters in NY all the time.

stinawords · Dec 9, 2009, 08:51 PM

Good luck to you and please return if there is anything else and to let us know how it worked out for you!