Questions Answered by Wesley Stoddard

Q: My question is can i seek for backchild support if I never have requested it for the past 6 yrs?

1 Answer | Asked in Child Support and Divorce for South Carolina on
Answered on Dec 12, 2017
Wesley Stoddard's answer
Child support will be set at the Judge's discretion but my experience is that most Judges will not award

you past child support in this instance if there was no previous order awarding it to you.

Q: In the state of SC can you get an annulment after 5 months after finding untruths or do we have to file for a divorce?

1 Answer | Asked in Divorce for South Carolina on
Answered on Dec 5, 2017
Wesley Stoddard's answer
You would have to file a petition for an annulment and serve the spouse. It will be necessary to have a short hearing to prove the grounds and that the marriage has not been consummated.

Q: If the child isn't biologically his, does the child have to be mentioned in divorce papers for custody?

1 Answer | Asked in Child Custody and Divorce for South Carolina on
Answered on Nov 26, 2017
Wesley Stoddard's answer
In SC a child born during a marriage presumes the father is your husband. For this reason this child does need to be included so the Divorce Decree will address the paternity snd name the natural father. Snydebts accumulated during the marriage are presumed to be marital debts so they need to be included and addressed

Q: If I have a picture of my husband car at a lady's house and saw them together I have the tag number is that proof adulte

1 Answer | Asked in Divorce for South Carolina on
Answered on Nov 14, 2017
Wesley Stoddard's answer
To prove the grounds of adultery in SC it must be by corroborated evidence. This means another person must be able to testify along with you or another witness that they observed what appears to be adulterous conduct by circumstantial evidence . this evidence can be as little as observing his car at the third parties' residence overnight -my suggestion would be to take photos of the cars-both his and hers. Seeing your husband with this other party is not substantial enough proof but it is...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.