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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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How can I owe child support if I have not been notified of

Customer Question

How can I owe child support if I have not been notified of how much money I am supposed to pay ? And have not been to court?
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

A few minutes please as I look into this for you.

Expert:  LegalGems replied 1 year ago.

Thank you for your patience.

In order for a child support order to be effective, the person must have been served notice of the proceeding. If the person ws served and did not appear, the court may enter a default judgment. One moment please

Expert:  LegalGems replied 1 year ago.

However, if no notice was given, then the respondent may challenge the default judgment by filing a motion to vacate.

Normally this must be made within 10 days from the time the party became aware of the judgment: 22-3-1000 - for more information please see the link below for the "bench book" used by the judge:

http://www.judicial.state.sc.us/summaryCourtBenchBook/HTML/CivilG.htm

If service was not made or was improper, then the order(along with the arrears ) will be vacated; however, if the parent is confident that the other party will file a new motion for support, some people prefer to "stipulate" to an order so as to avoid court fees.

Expert:  LegalGems replied 1 year ago.

This calculator is provided by the state and provides an estimation of what one can expect to pay

http://www.state.sc.us/dss/csed/calculator.htm

people often find it useful when negotiating a fair amount of child support.

Expert:  LegalGems replied 1 year ago.

Rules regarding service and notice are here:

SECTION 63-17-730. Notice of financial responsibility; order of default.

The director shall issue a notice of financial responsibility to an obligor who owes a child support debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the division pursuant to Title IV-D of the Social Security Act. The notice shall state that:

(1) the obligor is required to appear at the time and location indicated in the notice for a negotiation conference to determine the obligor's duty of support;

(2) the division may issue an order of default setting forth the amount of the obligor's duty of support, if the obligor:

(a) fails to appear for the negotiation conference as scheduled in the notice;

(b) fails to reschedule a negotiation conference before the date and time stated in the notice or within thirty days of service of the notice of financial responsibility, whichever is later; or

(c) fails to send the division a written request for a court hearing before the time scheduled for the negotiation conference or within thirty days of service of the notice of financial responsibility, whichever is later;

(3) the obligor may request a court hearing within thirty days after the receipt of the notice of financial responsibility pursuant to Section 63-17-780;

(4) the order of default must be filed with the clerk of court of the county in which the obligor resides or, if the obligor does not reside in the State, with the clerk of court of the county in which the obligee resides; that as soon as the order of the default is filed, it shall have all the force, effect, and remedies of an order of the court including, but not limited to, income withholding or contempt of court; and that execution may be issued on the order in the same manner and with the same effect as if it were an order of the court;

(5) no court order for judgment nor verified entry of judgment may be required in order for the clerk of court and division to certify past due amounts of child support to the Internal Revenue Service or Department of Revenue for purposes of intercepting a federal or state tax refund;

(6) the name of the custodian of the child on whose behalf support is being sought and the name and birth date of the child;

(7) the amount of the monthly support obligation must be based upon the child support guidelines as set forth in Sections 63-17-470 and 43-5-580;

(8) the division may issue an administrative subpoena to obtain income information from the obligor;

(9) the amount of any arrearage which has accrued under an administrative or court order from support;

(10) the costs of collections may be assessed against and collected from the obligor;

(11) the obligor may assert the following objections in the negotiation conference and that, if the objections are not resolved, the division shall schedule a court hearing pursuant to Section 63-17-750(C):

(a) that the dependent child has been adopted by a person other than the obligor;

(b) that the dependent child is emancipated; or

(c) that there is an existing court or administrative order for support as to the monthly support obligation;

(12) the duty to provide medical support must be established under this article in accordance with the state child support guidelines;

(13) an order issued pursuant to this article or an existing order of a court also may be modified under this article in accordance with the Uniform Interstate Family Support Act;

(14) the obligor is responsible for notifying the division of any change of address or employment within ten days of the change;

(15) if the obligor has any questions, the obligor should telephone or visit the division;

(16) the obligor has the right to consult an attorney and the right to be represented by an attorney at the negotiation conference;

(17) other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act.

HISTORY: 2008 Act No. 361, Section 2.

SECTION 63-17-740. Service of notice of financial responsibility.

(A) The division shall serve a notice of financial responsibility on the obligor not less than thirty days before the date stated in the notice for the negotiation conference:

(1) in the manner prescribed for service of process in a civil action; or

(2) by an employee appointed by the division to serve process; or

(3) by certified mail, return receipt requested, signed by the obligor only. The receipt is prima facie evidence of service.

(B) Notice of a rescheduled negotiation conference must be served on the obligor not less than ten days before the date stated in the notice of continuance of negotiation conference.

HISTORY: 2008 Act No. 361, Section 2.

Expert:  LegalGems replied 1 year ago.

Here is a link to a state agency that will assist with modifying current orders - they charge $25 a year - please see:

http://www.state.sc.us/dss/csed/faqs.htm

Expert:  LegalGems replied 1 year ago.

I hope I've answered your question to your satisfaction. Please let me know if you require further clarification.

And, please provide a positive feedback rating -- otherwise, I receive nothing for my efforts on your behalf.

Thank you; it's been a pleasure to assist you!.