Her father have visitation and the mother myself have sole legal physical custody and I recently moved but still in South Carolina, do I have to share my address to the other parent? I have his address due to visitations.
answered on May 15, 2023
If there is a prior Order addressing each parent's rights and obligations, it probably contains a provision requiring each parent to keep the other updated of their current addresses.
If the prior Order does not contain a provision like that, a parent who is entitled to visitation with... Read more »
answered on May 15, 2023
In South Carolina, marital assets are those acquired between the date of marriage and the date a case is filed. To minimize the likelihood of a home you purchase after separation being considered a marital asset, you should (1) file an action in Family Court before purchase; and (2) not use marital... Read more »
I don’t not know where he is in AZ only found where he got a speeding ticket in Chandler Az in April of this year. Have not been able to find him until this ticket I found. He has not shown up for court dates etc
answered on Jan 30, 2023
A private investigator in Arizona should be able to run a "skip trace" to try to determine his whereabouts. You might also search for any public records related to his speeding ticket -- the jurisdiction where he received it likely has an address for him.
Do I have to file married with him or can I keep it as head of household?
answered on Jan 30, 2023
This is actually a question about taxes. Married couples can file taxes in one of two ways: "married filing jointly" or "married filing separately."
Filing your taxes as a married person, either jointly with your spouse or separately, does not affect your fiance's... Read more »
answered on Jan 30, 2023
S.C. Code Ann. Section 63-17-1470(B) provides that a person who is subject to income withholding may petition the Family Court to terminate the withholding if (1) there is no longer a current order for support and all arrearages are paid; or (2) the payor has not previously terminated withholding... Read more »
My wife has placed a order of protection on me and she is the real abuser in our home. I have all of our email and text messages that we have exchanged between us while we were fighting. She is a verbal abuser, and she is also quite possibly a Narcissist also. The judge even gave her the question... Read more »
answered on Jan 30, 2023
Your best course of action is to seek the advice of a divorce lawyer who has experience dealing with abusive situations and orders of protection. However, you should note that "verbal abuse" is not a ground for divorce or basis for issuance of an order of protection in South Carolina.
answered on Jan 30, 2023
In your court Order, there is likely language that designates one parent as the custodian and the other parent as the visiting parent; or, the "visiting parent" is the parent who has less time with the child(ren) overall. You may need to schedule a consultation with a family court lawyer... Read more »
Mother, father, and child live together in the child’s birth state. Mother has lived in that state for almost one year and the child is 6 months old, she plans to visit her home state. Father says it’s not a good idea since child has been sick. Mother goes and then calls father and says she... Read more »
answered on Jan 30, 2023
Most states have enacted a version of the Uniform Child Custody Jurisdiction Enforcement Act (referred to as the "UCCJEA"), and the typical provisions of the UCCJEA provide that an initial custody case can only be brought in the "home state" of the child; for a child who is an... Read more »
I had my son when his father and I were split up. His father is not on the birth certificate. Our son is 3 months old and we are now back together. We’ve been back together in a relationship since our son was 2 weeks old. His father and I do not live together. I work and his father helps... Read more »
answered on Jan 30, 2023
Medicaid is funded by the federal government. For any South Carolina resident to receive those funds, federal law requires the person to seek child support from the other parent. However, the process for establishing child support through DSS is very cooperative, and you may be able to agree to him... Read more »
We bought a house in South Carolina no mortgage but she’s the only one on the title. I am not. She’s trying to force me to move back to Massachusetts because we are having problems with her daughter. She saying she does not wanna divorce, but wants me to move back to Massachusetts. I’m... Read more »
answered on Jan 30, 2023
It is unclear how long you and your wife have lived in South Carolina, and that is an important fact for determining whether the Family Court would have authority to address any issues in a divorce between you and your wife. Assuming you have both lived here for at least 3 months, then the... Read more »
I have a 6month old who has many medical issues due to birth problems, with my ex boyfriend who moved from HOME (Pennsylvania) to South Carolina during my pregnancy.he is listed on her birth certificate. He has only seen my child 2 times since she was born. I am in the process of going for child... Read more »
answered on Nov 28, 2022
It sounds like you have sought child support through DSS's administrative process. Generally, if there is not an agreement on support during the conference, then a judge will establish support. If you have copies of any of his paystubs, you can look at his "year-to-date" gross income... Read more »
I live in SC. I filed for a divorce--super easy nothing to split and joint custody, no disputes. Defendant also wants a divorce, been apart for over 4 years. However, he did not turn in the required paperwork and has not responded if he will attend the hearing. Will this be a problem if he does not... Read more »
answered on Nov 28, 2022
Under Family Court Rule 17, the judge can hold the Defendant in default and grant the relief requested by the Plaintiff, even if the Defendant does not appear at the hearing; provided, the Defendant must have been given proper notice of the hearing (which, for a final hearing, means the notice has... Read more »
I want to sign over rights to child as I do not believe to be this child's father. Would I still have to pay child support if I relinquish rights to this child, if it ends up being mine? I truly believe it's not mine due to nature of the individual and timing or information given. She has... Read more »
answered on Nov 28, 2022
In South Carolina, the Family Court will typically not allow you to voluntarily relinquish your rights to allow you to avoid paying child support.
The child's mother could go through the Department of Social Services administrative process to establish paternity and child support. If... Read more »
answered on Nov 11, 2022
Family Court judges have the authority to hold someone in either civil contempt or criminal contempt. Whether a finding of contempt is civil or criminal depends on whether the person who violated the order is able to "purge" themselves of the punishment by becoming compliant with the... Read more »
answered on Nov 11, 2022
First, it will depend on whether there is an order giving you custody of your child. Unless/until you have such an order, you are likely to continue to be obligated to pay child support as previously established.
If there is already an order giving you custody of your child, then you can go... Read more »
My ex was abusive towards me, and im scared it would lead to them in the future. Hes been inconsistent with them, this is the 3rd time he vanished on them for months and randomly popped back up. Abandoned us to be evicted from 2 houses now, i didnt have a vehicle and he took my carseats so we were... Read more »
answered on Nov 11, 2022
The administrative process for establishing child support that is available through the Department of Social Services does *not* include any ability to establish custody/visitation. However, it is common that when one parent tries to use that process to get support, then the other parent will file... Read more »
I'm anticipating an unpleasant custody dispute in near future and I'm trying to prepare. My former partner receives a significant amount of childcare support from her mother. However, her mother had never received a driver's license. She also lives with her long-time boyfriend who is... Read more »
answered on Nov 11, 2022
Choosing inappropriate caregivers is something the Family Court may consider when deciding custody. Allowing the grandmother who does not have a drivers license to drive the child demonstrates poor judgment. The immigration status of people living with the grandmother is likely to have little, if... Read more »
Those in common law marriages before the 2019 decision can still be considered as being married?
answered on Nov 11, 2022
Yes, the Stone v. Thompson decision prevented creation of new common law marriages after it was decided (on July 24, 2019), but if a common law marriage was established before that date, its existence can be proven by clear and convincing evidence.
Mother left spouse and children in 2012. She has not been in contact with, sent money or anything in those 10 years. I want to make sure I protect my children. I just don't know if I should file for divorce first or if i should file for the abandonment of the children first.
answered on Nov 11, 2022
In South Carolina, Rule 18, SCRCP, requires that all claims that *can* be brought at the same time *must* be brought at the same time. The South Carolina Family Court is unlikely to grant a divorce until issues related to your children are resolved. Chances are, filing for divorce and custody at... Read more »
Our 3 children are over 18 now
Can I ask the judge to modify his payment amount based on his current income of approximately 2100.00 month.
answered on Aug 25, 2022
If he has previously been held in contempt for failure to pay, then he is likely ordered to pay the arrears at a court-ordered rate. If you believe he is earning more income than before -- and that you can provide evidence of his greater income -- then you could file an action to modify the prior... Read more »
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