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Questions Answered by Megan Hunt Dell
1 Answer | Asked in Child Support for South Carolina on
Q: My ex husband is over $25,000 behind in back child support. His child support payment is based on income of $700 month

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.

Megan Hunt Dell
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Megan Hunt Dell
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 »

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: In child custody when a court order is needed can I file papers to refute such an order based on the children’s needs?

This involves the custodial parent moving more than 15 miles from a present location which would encumber all the details of the custodial agreement.

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

I'm a little bit confused by your question, but it seems like you are asking whether a court order can be modified based on the custodial parent moving more than 15 miles from their current location because the relocation would make the terms of the agreement difficult to follow.

Court...
Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for South Carolina on
Q: What can I do?

During a separation I started seeing a girl, decided that didn't work out. Over a year later she's wanting a DNA test for a child I didn't know about. She has another man on the certificate, I also want to sign my rights over if the child is mine. What can I do? What happens if her... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

It's unclear whether the mother of the child has filed an action in Family Court. If she were to do so, then the Court could order you to undergo DNA testing. Assuming you are the biological father of the child, and you want to terminate your rights, then you would need to sign a "Consent... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: How to ask judge to make defendant fill out "financial verification (SCCA 430)" form and let me have the info?

In the case the defendants will have to pay us child support but the court is going to use a statum of minimum wage as a basis. I know that they have a higher income, so would like the judge to make them fill out a financial verification form so that I could use the information as part of the... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

It sounds like you may have placement of a child as part of an action brought by the Department of Social Services.

SCRFC Rule 20 requires a financial declaration to be completed in any action in which the financial condition of a party is relevant. If you are a party to the case, you can...
Read more »

1 Answer | Asked in Domestic Violence and Family Law for South Carolina on
Q: It a dad makes no attempt to see his child in 3 months is that ok by the family court?

Last year before my son and I went into dv shelter. My ex while I was in fl at my parents moved out of our home. Took all his belonging as well as mine. I still haven't got back some things court ordered for him to return. He never told me where he went. He ghosted my son and I for almost 5... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

From your question, it's unclear whether you want your ex to visit with your son. I can tell how frustrated you are about dealing with this situation. The only mechanism the Family Court has to compel people to comply with its Orders is to hold them in contempt, and the sanctions for contempt... Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: I'm in SC, baby was born in Florida and lives with mother in NC. Where do I go to court to get shared custody?
Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

Under the Uniform Child Custody Jurisdiction and Enforcement Act, which each state has a version of, only the "home state" of the child has jurisdiction to decide custody of the child.

If the child has never lived in SC, then SC does not have jurisdiction to decide custody....
Read more »

1 Answer | Asked in Family Law and Child Custody for South Carolina on
Q: Can autism cause extenuating circumstances in a child custody cause ? If child is getting diagnosis during the case?

My two year old is being diagnosed with autism and speech delay. The biological father has been in and out of her life since birth and now has been no contact with the child in question since march and it's now almost September... By the time the next court hearing happens it will be close to... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

S.C. Code Ann. Section 63-15-240(B) requires the Family Court to consider the best interests of the child when determining custody, including the temperamental and developmental needs of a child, the capacity and disposition of the parents to understand and meet the needs of the child, and the past... Read more »

1 Answer | Asked in Divorce and Family Law for South Carolina on
Q: Divorced June 2011, ex has filed to stop alimony. I rent from male friend. Can I bring up his wrong financial statement.

I did not want my divorce. My ex promised if I would not file for my rightful half of marital property that when my (alone) adult daughter's moved out due to divorce ( because we had problems getting them out on their own ) then he and I would reunite because he loved me but he needed to get... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

There are very few ways to challenge a final order once it has been entered. SCRCP Rule 59 allows a party to seek to alter or amend a judgment, but it has to be filed within 10 days of notice of entry of the judgment; it would not help you if the order was entered in 2011. SCRCP Rule 60 allows a... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: Im granted alimony during my separation, does it carry over after the divorce or do I have to renegotiate it?

My ex doesn't want to pay alimony, do I automatically get it when I file the final divorce proceedings or do I have to show again that I need it.

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

If you already have an order entitling you to alimony, absent some specific language in an agreement/court order, then seeking a divorce should not change your entitlement to alimony. You should consult an experienced family court attorney who can review your documents and provide you more specific... Read more »

1 Answer | Asked in Divorce, Family Law and Tax Law for South Carolina on
Q: Going through divorce. I signed my part on our taxes. He did not. Family law judge court ordered us to file jointly.

I did my part, he did not. Since still married its hurtingt me. I also wasn't able to get child tax credit nor will I anymore due to the fact my soon to be ex husband did not sign so therefore we didn't file our taxes. Court ordered by family law Judge we file jointly. I did my part. He... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

If your court order requires the two of you to file jointly, then you could seek to have your ex held in contempt for violating the order. The mechanism to do so is called a Petition for Rule to Show Cause. The procedure is laid out in Family Court Rule 14.

1 Answer | Asked in Arbitration / Mediation Law and Divorce for South Carolina on
Q: When going through divorce, other party doesn't do their part in discovery at all. Is that illegal?

I had family law attorney. My ex said I committed adultery which is false. His attorney said I was barred from spousal and alimony. Yet going on almost a year now no proof shown. My ex didn't do nothing in discovery for mediation. The attorney I had gave him more time to get in. My ex and his... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

Each party has an obligation to respond to discovery under the Rules of Civil Procedure. When one party fails to do so, then the Family Court has to be made aware of the failure (by way of a motion), and then the Court can order the non-compliant party to provide the discovery and issue sanctions... Read more »

1 Answer | Asked in Divorce for South Carolina on
Q: My wife lives in South Carolina and I live in New York. She sent me online paperwork filing for a divorce. I received t

Those papers by registered return receipt thru the regular mail. I had to sign for them.

My question is did she serve those papers properly? Thanks

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 25, 2022

Certified mail with return receipt *is* one way to personally serve a Defendant. However, it's impossible to know the rules for service were followed without looking at the documents themselves.

1 Answer | Asked in Family Law for South Carolina on
Q: If my spouse left the house but his name is on the rental agreement, and he has stopped making payments. What can I do?
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Aug 3, 2022

You would need to file an action for separate support and maintenance in Family Court, along with a Motion for Temporary Relief. At a hearing on a Motion for Temporary Relief, a judge can decide who has to contribute to which expenses during the period of separation.

1 Answer | Asked in Child Custody for South Carolina on
Q: I am in the middle of a custody battle and I received some disturbing news from my children about their visitations.

What should I do?

July 15th through 17th 2022

Aidyn told me his father fed him twice this last weekend between Friday to Sunday.

K'Ami said he left them Friday evening and came back 5am Saturday morning leaving her to babysit her 8 year old disabled brother and 11... Read more »

Megan Hunt Dell
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Megan Hunt Dell
answered on Aug 3, 2022

If you have a lawyer, then this is information you need to share with them. If there is a Guardian ad Litem appointed to your case, then you should share the information with them too.

1 Answer | Asked in Divorce and Child Custody for South Carolina on
Q: can both parents agree outside court I have sole physical custody and sole discretion of visitation?

shared legal custody and I have sole physical custody.

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Aug 3, 2022

Parents can agree on anything they want with regard to their children. However, if the agreement is not part of a court order, then neither party can really enforce the agreement if the other parent chooses not to follow it.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for South Carolina on
Q: In the state of south Carolina if my baby daddy gives up his parental rights will he still have to pay child support?
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Aug 3, 2022

When parental rights are terminated, then the obligation to support the child is also terminated; however, if the parent has past due child support, then those arrears continue to be owed (unless there's a Court order otherwise).

1 Answer | Asked in Divorce for South Carolina on
Q: Can we hold a deceased ex wife and deceased ex husband in contempt of court for not following a divorce decree?

4 heirs to a property but due to the divorce just prior to death and time since death, probating the property is not a simple process. The divorce decree stated that the property was to be conveyed to the children and all documents to do so be signed immediately. This did not happen. Now the... Read more »

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Aug 3, 2022

S.C. Code Ann. Section 20-3-660(A) allows the Clerk of Court to sign documents on behalf of the parties, and I believe you can ask the Court to direct the Clerk to do so by bringing a motion under Rule 70, SCRCP.

1 Answer | Asked in Divorce for South Carolina on
Q: I've been married for 3 years and its turned into a verbally abusive relationship

I retired 2 years ago from a career I had for 36 years ,I used the proceeds that I earned prior to the marriage to purchase a home and have used proceeds prior to marriage to make home improvements , she hasn't worked in 2 years ,although she is capable. I receive a considerable pension along... Read more »

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Aug 3, 2022

The question that a Family Court judge will need to answer is whether the home you purchased before marriage has been "transmuted" to marital property. The analysis on that issue is very fact-intensive. If your pension was accrued before the marriage, then she may not be entitled to any... Read more »

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: My ex wife has full custody. She said "Don't touch my kids" because I spanked our son. Can I legally discipline kids?
Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Jul 6, 2022

Based on S.C. Code Ann. Section 63-7-20(4)(a), generally, corporal punishment is allowed in South Carolina as long as it is administered by a parent or person in loco parentis; is perpetrated for the sole purpose of restraining or correcting the child; is reasonable in manner and moderate in... Read more »

1 Answer | Asked in Child Custody and Family Law for South Carolina on
Q: What is there to do after co parent has already been found in contempt & lost primary custody but still violating order?

Co-parent has been found in contempt of court and lost primary physical custody and sole legal custody of very young child for violating custody order and mostly for severely denying visitation. Immediately after, went right back to denying visitation. What can I do? What should I be requesting In... Read more »

Megan Hunt Dell
PREMIUM
Megan Hunt Dell
answered on Dec 2, 2021

The only available remedies for contempt are imprisonment (for a period of up to 1 year), a fine (of up to $1500), and/or community service. However, in determining whether a parent should have custody of a child, the Family Court often considers whether each parent has complied with court orders,... Read more »

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