LdiJ
Senior Member
You yourself said that the initial confusion with DSS was due to the fact that your court orders said that mom was primary.
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Child Support Agency not following guidelines
- Thread starter bigql83
- Start date
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You yourself said that the initial confusion with DSS was due to the fact that your court orders said that mom was primary.
Zigner
Senior Member, Non-Attorney
In the end, it doesn't matter.
commentator
Senior Member
I have heard it said that anger is the punishment you give yourself for someone else's mistakes. When that someone else is the court system or the social services system or the bureaucracy in any form, no you cannot punish them, and every minute of your sweet life you spend concentrating on how they did wrong and SHOULD be punished is a minute of quality time to enjoy other things that you are depriving yourself of.
My problem is that after notifying DSS of their guidelines and my order they agreed on two separate occasions to dismiss my case. The first time was that this happened was a year ago. I have emails with them stating that they started the process. I also have an email from their caseworker when their decision to dismiss my case was overturned by their legal department. This is the reason that it took so long to have a negotiation conference. Even at the conference their was no one there who understood their guidelines. This is on them, the judge even agrees as she stated in her verdict just because the mother is characterized as the primary has no weight in the way they calculate support.
Ohiogal
Queen Bee
Because the court could have changed the obligor and obligee at the time this was done. But that didn't happen. You were still responsible for paying. Child support follows that because there was no MODIFICATION OF SUPPORT. Only of custody. That was YOUR screw up that you didn't make sure the court changed the obligor and obligee.
Actually they can't two separate cases, in my state if child support is through DSS and not the court, you have to go through DSS to modify the order.
No not actually, I'm just responding so that maybe someone in the future going through something similar can have something to research. I think most of the posters here are trolls.
Zigner
Senior Member, Non-Attorney
Nobody here has trolled you, but you certainly know how to make friends.
Best of luck in your future endeavors.
Ohiogal
Queen Bee
That is not true. The court always has the power to modify child support. Especially when there is a child custody modification. But keep on thinking you know everything. Even DSS doesn't state it is mandated but rather that they can modify: https://dss.sc.gov/child-support/parents-families/establishing-or-modifying-a-child-support-order/
https://www.sccourts.org/clerkOfCourtManual/displaychapter.cfm?chapter=7
See 7.1.2
Also see: S.C. Code Ann. § 63-17-710 et.seq.
Your cluelessness and ignorance is what caused this.
Your links prove nothing, in South Carolina, if your case is through DSS, you have to go through them to file for a modification. If it's a private case then you go through family court.
Defendant's Instructions (Decrease Child Support) (sccourts.org)
Defendant's Instructions (Decrease Child Support) (sccourts.org)
LdiJ
Senior Member
You are misinterpreting the document you have linked. There is nothing in that document that states that only DSS can modify your child support if the original order was through them. Once again, a judge always has the authority to modify child support. The judge in your custody case could have modified the child support had you asked him to do so. That should have been part of the custody orders.