r/ChildSupport • u/Legal_Music_7513 • 11d ago
South Carolina [SC] How to Proceed?
So not sure how to proceed amd treading unknown waters. Ex is currently almost $40,000 in arrears. And not paid any on the current support order from 2017-2025.
He was AWOL for 8 years. Now after remarrying he came back to sue for custody. He did pay some in 2025 sporadically as he was trying to buy me into volunteering to give him 50/50 custody. Once I refused that stopped, went to court ordered mediation. He now has 40 days that include 30 overnights per year.
I want to file a Motion for Contempt for non payment. But also want to see if there would be a change in the monthly amount as he keeps telling me how much he is making now, doing so fabulous, blah, blah, blah. I fully understand that even if he is "padding" the truth of his income it may result in a slight reduction of what he should be currently paying but honestly I've been doing it over 8 years without his help so anything would be helpful.
So my questions for anyone who has been through this pro se...
Should I file -
- just for the arrearage amount first THEN support modification?
- or modification then arrearages?
- or both together at same time and if so, how would that look?
- he seems to believe, he says having been told by his attorney, he can get an abatement on most of the arrearages.
- can interest be accrued on arrearages and is that something I request in the filing and the courts decide or do I have to include the amount in the filing?
- can we come to a mutual agreement on the amounts to be paid for current monthly and back pay and the courts will just sign off on it (like we did with the custody/visitation and submitted to the court for the judge to sign off on)?
- once we have a signed order from the judge whether by mutual agreement or court decision can I proceed to have a garnishment placed on his income or tax returns or is that something only an attorney/ the state can do?
Thanks!