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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102162
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My child support was terminated .I was sent a letter by clerk

Customer Question

my child support was terminated .I was sent a letter by clerk of court sign an stamped by the judge. now they trying to go back an reinstate me.what can I do
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature. I am sorry to hear about this situation. Can you please tell me:1) How was it terminated? Did the other parent agree to DROP child support? Or what, exactly? Was the child formally adopted by the other parent's new spouse/significant other?2) How old is the child now?
Customer: replied 2 years ago.
The court terminated it after he turn 18
He is 18 now n has his diploma.
Expert:  Ely replied 2 years ago.
Thank you. And is she filing, asking for child support, or, college tuition payment?
Customer: replied 2 years ago.
She want the rest of the support bucuz it was stop b4 he graduated
Expert:  Ely replied 2 years ago.
Were you BEHIND on child support at the time that the child support was terminated?
Customer: replied 2 years ago.
No. I wasn't. They sent me another letter saying it was reinstated an I never got a letter bout going back to court. Theey said it was a clerical error.
Expert:  Ely replied 2 years ago.
Thank you. Who do you mean by "they?" SC Child Support Services? And you state that SC Child Support Services admitted that this was in error? This is my last question.
Customer: replied 2 years ago.
Yes. SC child support services. Yes they admitted it n wrote it on paper notarized n sign by Jude n clerk of court
Expert:  Ely replied 2 years ago.
Thank you. First of all, what someone in your situation wants to do is to call SC Child Support Services and see if child support is still demanded by them.Then once calls the Court, and asks to see the records of the case to determine if child support was "re-opened."If SC Child Support Services is requesting child support but the court is not, then this really should not be an issue and provided that SC Child Support Services admitted their mistake already (as it sound), then they should simply close the file. If the Court believes that child support should be paid, one wants to file a MOTION TO TERMINATE CHILD SUPPORT, serve both the SC Child Support Services and the ex, and set it for a HEARING with the Court.The Judge should confirm (or, "terminate again") the support order once it is confirmed the child is 18 and graduated.I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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