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Rebecca Poston Creel

Rebecca Creel’s Answers

3 total

  • My husband left in July and I support our household and my 3 kids since July., I have no money. May I get a Pro Bono attorney?

    My husband is unemployed. He gives me no money. Therefore I have no money to afford all the bills and attorneys retainers and fees. I need to go ahead and file and begin getting child support, so I need a Pro Bono lawyer.

    Rebecca’s Answer

    If you are seeking child support from your husband, you may want to reach out to the Department of Social Services Child Support Enforcement Division. They can pursue a case against your husband. SCDSSCSED does not have the ability to address issues of visitation, custody or divorce, but they can help you with regards to support for the children.

    As to your other issues (separation/divorce, custody, visitation and division of assets and debts) you may qualify for aid from a pro bono attorney. I would encourage you to reach out to the South Carolina Bar for more information regarding the income qualifications for their program and the types of cases covered.

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  • In the state of South Carolina, can a step father be found liable to pay child support following divorce of the child's mother?

    Father has not adopted or assumed legal guardianship of the child. No immoral/illegal misconduct of either party. Father wishes to provide support of the (full-time working) mother and child, but not at the monetary figure spouse's attorney beli...

    Rebecca’s Answer

    Traditionally there is no obligation of support between a step-father and a step-child, unless there has been a step-parent adoption. While there is some case law that suggests that when a step-parent voluntarily brings a step-child into the family and assumes the responsibility of support for that child, they could be held responsible to pay child support, other cases which state a step-parent may end his or her obligation to support at will, would make it very hard to financially tie the step-parent to that child. Mother should seek support from the biological father of the stepchild.

    I urge you to meet with an attorney and determine what you can do to address the claim by the mother in this situation.

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  • Can I have my child support payments back-dated to the date I filed the motion for a reduction hearing?

    I had court Friday for a reduction in child support hearing, of course my ex-wife did not show up, therefore causing a continuance in the hearing. I am still following the courts order to pay this ridiculous amount monthly, even tho I filed for th...

    Rebecca’s Answer

    South Carolina allows for the modification of child support if there is a substantial changes in circumstances which was outside of your contemplation at the time the order was rendered. This would include a change in your income, her income, a change in the cost of daycare or of insurance. Provided that your ex-wife was properly served, her income information is the critical piece of this puzzle. There are ways to obtain her financial information, even in her absence.

    I urge you to quickly meet with an attorney and determine what you can do to avoid another continuance and to address any issues of over-payment of child support since the date of filing.

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