South Carolina Questions & Answers

Q: Help!!!

1 Answer | Asked in Divorce, Family Law and Child Custody for South Carolina on
Answered on Dec 10, 2017

How did you let the kids go without not knowing where they would be staying? Sorry to say but that was careless unless he has moved or given you wrong address. Please consult with a lawyer and a Private Investigator to locate your children and file a petition for custody. This will not be easy or cheap. Reach out for a free consultation to go over your options. The longer you wait for the more rights you lose out on and the tougher it will become to get them back. Free consultations are offered...
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Q: My finance was deported in 2008 back to Jamaica, I’m an American citizen, is their any way I could get him back here?

1 Answer | Asked in Immigration Law for South Carolina on
Answered on Dec 9, 2017

First, it depends on why he was deported.

If he is eligible you may sponsor him on a finance visa or go to Jamaica an marry him in order to sponsor him as your spouse.

I suggest you consult with an experienced immigration attorney who will need more information.
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Q: Can you sue a former employer for being a bully? Threatening you by intimidation to the point of being fearful of job

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Answered on Dec 8, 2017

When and how did you leave your former employer? Did you ever notify your employer of their bullying attitude, etc. prior to your severance? If yes, and if you are keeping all that record of incidents to substantiate your claim then also keep in mind that allegation of bullying or hostile work environment has certain time frame within which you have to complain or notify your employer. However, consult Attorney of your local jurisdiction for specific advice.
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Q: My ex-wife took child support out on me 13 years ago in the state of South Carolina she has lived in North Carolina for

1 Answer | Asked in Child Support for South Carolina on
Answered on Dec 8, 2017

Not necessarily.

A state that issues a child support order retains exclusive jurisdiction regarding that order so long as a parent or child lives in the state, i.e., no other state can modify the order.

When both parents and all the children leave the issuing state, the state next taking jurisdiction is indeterminable until someone files a motion to modify. The jurisdiction then moves to the responding party's state. For example, everyone leaves SC, she wants to modify, she has...
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Q: My home is up for foreclosure sale. My husband is on mortgage not on deed can he file bankruptcy and stop sale in sc

1 Answer | Asked in Bankruptcy and Foreclosure for South Carolina on
Answered on Dec 6, 2017

The foreclosure is a collection activity on the debt he owes (the mortgage), so filing a bankruptcy case will PAUSE the foreclosure, but not necessarily stop it. The bank cannot collect a debt from someone while they are in bankruptcy (this is called the automatic stay). However, the stay is commonly lifted in this type of situation (generally speaking, if there's no equity, payments not being made, etc.), allowing the foreclosure to continue.

Information provided for informational...
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Q: I need to what I need to do I live in my uncle house paying all his bills due to me putting him in the nursing home

1 Answer | Asked in Bankruptcy and Estate Planning for South Carolina on
Answered on Dec 6, 2017

If your uncle does not have a will, upon his death there will be a probate proceeding held to determine who the rightful heir(s) of the home are. The process is always easier if there is a valid will (which you should retain an attorney to draft).

Information provided for informational purposes only and should not be taken as legal advice.
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Q: If my wife does not show up for the divorce hearing can I still get the divorce?

1 Answer | Asked in Divorce for South Carolina on
Answered on Dec 6, 2017

Either of you may have filed with or without consent or contested. Person who filed has more responsibility to be present and substantiate claims. If anyone of you remains absent it may be an ex-parte Order.
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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

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.
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Q: Want release from retainer agreement and no longer owe lawyer. Can i send letter of release or do motion to be released

1 Answer | Asked in Products Liability and Construction Law for South Carolina on
Answered on Dec 5, 2017

Ask the new attorney how it is best handled. You need to ask for your file, and you may discharge them.
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Q: If driving and clip a car Am I required to stop in my lane and provide assistance or can I pull over to the side first?

1 Answer | Asked in Car Accidents and Traffic Tickets for South Carolina on
Answered on Dec 4, 2017

you would want to pull over--you can't stop on the interstate.
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Q: Can you do your own adden to a will? The attorneys we have contacted want to rewrite will even the one who did original

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for South Carolina on
Answered on Dec 3, 2017

The advice to rewrite the will is sound. You may not want to hear it but codicils ('addendum') to a will are invitations to challenge a will in many cases, and are just bad form these days. ALSO this may have no effect depending on how the property is titled.

PLEASE talk to a local attorney (the one who did the original will is likely a good prospect if he's still working!) who can explain the WHOLE situation to you and don't get stuck on one 'form' of document.

And lastly,...
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Q: Have a relative killed on the way to work. Is their spouse entitled to worker’s Comp benefits?

1 Answer | Asked in Workers' Compensation for South Carolina on
Answered on Dec 2, 2017

Generally, traveling to and from work is not considered to be within the course and scope of employment. However, there are some exceptions. It really depends on the facts, so your best way to get an answer to this is to call an experienced workers' compensation attorney for a free consultation.
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Q: I am receiving treatment and benefits from a insurance company for workers comp injury. I'm moving out of state.

1 Answer | Asked in Workers' Compensation for South Carolina on
Answered on Nov 29, 2017

If you have a South Carolina claim, moving will generally not affect your rights under your claim. You are entitled to continued treatment and benefits. However, logistically, things can become a little complicated. Because the insurance company continues to control your treatment, they will want to find medical providers in your new state who will agree to accept payment in accordance with the South Carolina fee schedule. That could be a little tricky and also take some time. If you are...
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Q: My husband just went to jail today and I need to know will he possibly get out when he sees the judge in the morning

1 Answer | Asked in Traffic Tickets and Criminal Law for South Carolina on
Answered on Nov 28, 2017

I urge you to contact an attorney on his behalf.
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Q: How do I get someone out of my house when I was trying to help them and now they don't pay anything anymore & cost me?

1 Answer | Asked in Landlord - Tenant for South Carolina on
Answered on Nov 27, 2017

Try to stop them using your facilities informally. If she still insist then call police to move them out.
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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

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
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Q: Can I be evicted if I paid my rent late with the additional fees without receiving a written notice?

1 Answer | Asked in Landlord - Tenant for South Carolina on
Answered on Nov 21, 2017

No. Late rent may happen and if you pay additional charges and accepted by LL that may set aside claim.
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Q: My employer's insurance company said I did not have to see one of their doctors after my injury is that normal?

1 Answer | Asked in Workers' Compensation for South Carolina on
Answered on Nov 17, 2017

No, that does not sound right. If Sedgwick is going to pay the bill, they are going to chose the doctor. If you see your own doctor, it is unlikely that Sedgwick will pay the bill. In order for the visit or treatment to be covered, it has to be authorized in advance by Sedgwick. If the visit is not authorized in advance by Sedgwick, your doctor will submit the bill to your health insurer and you will have to pay co-pays/deductibles, or they will bill you directly if you do not have health...
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Q: My mother passed away recently- I would like a lawyer to let me know if her meds were to blame- I have made a list

1 Answer | Asked in Medical Malpractice and Wrongful Death for South Carolina on
Answered on Nov 15, 2017

No one could tell that without being a doctor, seeing the autopsy report, seeing ALL of her medical records. For starters, why not consult a member of the S.C. Assn for Justice--they give free consultations.
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Q: My lawyer filed a voluntarily dismissal of my complaint w/o explanation and is avoiding my calls. What should I do?

1 Answer | Asked in Personal Injury, Medical Malpractice, Probate and Wrongful Death for South Carolina on
Answered on Nov 15, 2017

Call the attorney's secretary,explain that you want a meeting, and if you don't receive that you will have no option other than to file a complaint with the bar.
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