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Questions Answered by Megan Hunt Dell
1 Answer | Asked in Child Support and Family Law for South Carolina on
Q: My baby father was picked up for a child support warrant but the order is now closed and he doesn’t owe can he get out?

They are holding him in jail saying he has to do 60 days but I don’t understand why if the support is closed and balance is 0

Megan Hunt Dell
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Megan Hunt Dell
answered on Dec 26, 2023

The Family Court's contempt powers include the ability to sentence someone to a period of incarceration as punishment for violating the Order, which could be why the sentence was not purged when the account became paid in full.

1 Answer | Asked in Family Law for South Carolina on
Q: If there are no specific pick-up and drop-off times listed in an agreement, does the visiting parent get visitation??

There is a line in my agreement that states “Each Christmas Eve Day except from 4:00 p.m. until 7:00 p.m. when the parties’ son will be with Ms. Legg (custodial parent). Otherwise the parties will use the Judge Brown schedule for Christmas holiday visitation”.

Per Judge Brown... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Dec 26, 2023

If there is inconsistency between two provisions of the Order, then it would be difficult for a parent to be held in contempt for being unsure which provision to follow. Your best option is to consult with the lawyer who helped prepare the agreement.

1 Answer | Asked in Child Support and Family Law for South Carolina on
Q: My friend was sentenced to 30 days concurrent how soon can i get her out She is in there for child support
Megan Hunt Dell
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Megan Hunt Dell
answered on Jun 8, 2023

Generally, if someone is incarcerated for nonpayment of child support, they have been held in civil contempt, and they can be released once they pay the amount set by the court as the "purge payment." The County Clerk's office can tell you how much the purge payment is.... View More

1 Answer | Asked in Family Law and Adoption for South Carolina on
Q: If my father is my “biological” father as my parents claim why did he have to legally adopt me at 5 years old?

He wasn’t on the birth certificate when I was born, they didn’t get married until I was over a year old. Wouldn’t he just needed to do a dna test to prove paternity to get legal rights? They also changed my last name to his when they did the adoption. I feel like if he is my biological father... View More

Megan Hunt Dell
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Megan Hunt Dell
answered on Jun 8, 2023

First, even if he had done a DNA test and was determined to be your father, the test result (by itself) would not be enough for your birth certificate to be changed. Your parents would still have needed to file an action to have him added to the birth certificate.

It is very possible the...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for South Carolina on
Q: I signed a kinship care agreement with my mother for my daughter to reside with her. Can she legally take my

Daughter out of state without DSS or my permission

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jun 8, 2023

There is no enough detail in your question to provide a specific response. Each agreement in Family Court is unique and without reviewing the specific language of yours, it is not possible to determine anyone's rights. Your best course of action is to consult with a lawyer who is experienced... View More

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: How do I file a motion we're my ex wife is not doing what the judge ordered in Marital property without a attorney
Megan Hunt Dell
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Megan Hunt Dell
answered on Jun 8, 2023

To seek to enforce the provisions of a prior court order, you must file a Rule to Show Cause. The requirements for a Rule to Show Cause are laid out in South Carolina Family Court Rule 14.

The South Carolina Supreme Court does not provide sample forms for enforcing orders related to marital...
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1 Answer | Asked in Divorce, Child Custody, Child Support and Family Law for South Carolina on
Q: does custody need to be established before child support can be set
Megan Hunt Dell
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Megan Hunt Dell
answered on Jun 8, 2023

There is not enough detail in your question to provide a specific answer. The first variable is whether the parents of the child(ren) are married to each other. If the parents are not married to each other, then the mother has sole custody of the child(ren) unless/until there is a court order... View More

1 Answer | Asked in Divorce for South Carolina on
Q: My current divorce attorney failed to inform me that I could have filed fie a waiver of fees pertaining

To my upcoming mediation nor did he file on my behalf. What are my rights and what should I do?

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jun 8, 2023

I'm not aware of any way the Court can order that the fees charged by the mediator for their services shall be waived. However, in some regions of the state, there are options for low/no-cost mediation services, though they are limited.

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: I have sole custody of my daughter but have relocated to another country

My ex is trying to say I abducted my daughter and spreading it all over social media.

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 15, 2023

It's not clear what your question is. If you have a prior Order addressing custody of your child, then it likely also addresses whether you have the right to relocate your child to another country. It may also prohibit each parent from disparaging the other in certain situations.

The...
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1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Hi! A parent in South Carolina with sole legal and physical custody have to share a change of address to the otherparent

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.

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
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...
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1 Answer | Asked in Divorce for South Carolina on
Q: Is partial health insurance payments considered alimony ? Is remarriage grounds for terminating the payments?
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on May 15, 2023

Health insurance coverage is, generally, considered alimony or spousal support. However, South Carolina does not have any case law about whether an obligation to maintain such coverage could terminate upon remarriage. It is likely the answer will depend on the language of your Final Order and... View More

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: My husband left me 2 months ago and I would like to purchase a home. Can I purchase it without it becoming marital asset
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
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... View More

1 Answer | Asked in Child Support and Divorce for South Carolina on
Q: What do I do if I and going through a 2 plus year divorce in sc and spouse owes child support but ran off to AZ

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

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
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.

1 Answer | Asked in Child Support and Tax Law for South Carolina on
Q: What’s the best way to keep finances separated if you are about to marry a man with child support

Do I have to file married with him or can I keep it as head of household?

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
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...
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1 Answer | Asked in Child Support for South Carolina on
Q: How to stop wage garnishment in South Carolina
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
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... View More

1 Answer | Asked in Child Custody and Civil Litigation for South Carolina on
Q: My fiances ex keeps calling dss on us and now calling on the daycare where I work? She is doing this trying to get cust

She wants custody of the kids who my fiance has primary custody

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

Your best course of action is to document, document, document. You might also benefit from having a consultation with a lawyer who is experienced in both DSS investigations and private custody cases.

1 Answer | Asked in Domestic Violence, Family Law and Divorce for South Carolina on
Q: What if the petitioner was the actual person doing the abusing?

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... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
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.

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Who is the visiting parent? In final order it states the visiting parent won’t get the following weekend after a holiday
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
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... View More

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: What should a father do if a mother runs to another state from SC with minor child?

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... View More

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
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... View More

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: Can you regain primary custody before a final hearing?

If you lost primary custody temporarily before the final hearing, but a third party had come forward and filed for emergency custody against the other parent, are you able to regain custody instead of the third party before the final hearing?

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jan 30, 2023

You have not provided very many facts of your specific situation so it's impossible to suggest what might be appropriate for your case. That being said, custody determinations (either temporary or final) are always modifiable by the Family Court.

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