Dads Divorce - Free custody and alimony advice for men and fathers.
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Tags >> SC
Question: Are there papers that I can file myself to stop/modify alimony payments in South Carolina? My ex had no skills when we divorces in 1989. She has made more than money for years. I do not have the money for an expensive lawyer. I have not worked in 3 years due to Rheumatoid Arthritis which was diagnosed abut 5 years ago. Answer: I am not licensed in South Carolina. However, most legal proceedings can be done pro se (without a lawyer). Keep in mind if you do file without an attorney you will be held to the same standard as an attorney. Meaning you will need to follow all the rules and procedures as if you were a lawyer. Your state may have a self help center with forms and or instructions for filing. Check out your states Bar or Judiciary websites for guidance. You may also want to contact your local legal aid for free assistance.
Question: My father is 73, retired USAF with 40% disability pay. He is getting divorced. His wife was not with him while he was on active duty. All children are grown and out of the house. He has been the primary bread winner, but she has had a job for quite some time. During the marriage she was funneling money back to the Philippines and bought a house in her name only without telling my father. He recently discovered this. Is his retirement subject to division as marital property even though it was his when he married her? Is his disability also subject to division? Is the house she acquired with his money during the marriage subject to division? Please help? I need some direction for him as he goes into mediation. She also emotionally and physically abused every child but her own while they were in the house. My father was not very aware. Answer: I am not licensed in South Carolina. Every state will have different laws concerning property division so you should also consult an attorney your state. Most states include all assets in the marital pot, including retirement earned prior to marriage. However, the court will likely set that aside to your father since it was earned prior to the marriage. As for the house in the Philippines, it should be included as an asset. It may be difficult to value since it is out of country. Its value should however be considered when dividing the marital pot.
Question: I have two daughters. Their mother and I were divorced in 1999. In our divorce decree I was order to pay child support pursuant to the South Carolina Child Support Guidelines. My current wife just went through a emancipation hearing with DSS who said that her EX was not responsible for child support after her son graduated high school in May. When my eldest graduated in June of 2002 my EX produced some sort of paperwork that stated that I was liable to pay child support until they were out of college as long as they lived at home. Anyway I'm currently behind with child support on both of my girls my EX is again threating legal action. It is my intent to file a petition of emancipation for my eldest. 1. If in fact in SC 18 and out of High School is the law when I could have filed, can I file for her emancipation effective of June of 2002? 2. If this is allowable and withheld, could I request that the overpayment (since I've been paying for both since then) be applied to my youngest girls support payments? And if so have you ever seen this done successfully? Answer: I cannot answer your questions specifically to the laws of SC as I am not licensed in that State. The laws for emancipation are specific to each State. It is possible to contract in a settlement agreement to pay child support for a longer period of time than is mandated by the law. I suggest that you review your divorce decree and parenting plan to determine if there is any specific language concerning the age or circumstances that support terminates. It is also possible in most jurisdictions to end child support earlier. It is possible that your current spouse had language specific to her child in her divorce decree. Finally, I suggest that you speak with a local attorney. He or she should be able to provide you with an answer to your question in a very short period of time. If it is determined that you have overpaid child support many jurisdictions will force the mother to repay the child support.
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Posted by Dads Divorce in support , SC , motions , mortgage , Modification , Maintenance , insurance , health , Child Support , child , Ask A Lawyer
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Question: I am fighting a dilemna regarding a request to increase child support. My child's mother just resigned from her position at work. She has a stressful job and does not really feel like jumping back into a position just because... She was carrying our child on her insurance, but asked that I take over while she is out of work. I am self-employed so it was cheaper for her than it would be for me. I have since added him to my insurance which costs me an extra $400.00 a month. She has asked that I cover her mortgage each month until she gets a job. She has always been a hard worker and I am not worried about her employment. Can she take me to court if I do not agree to help her out? Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of South Carolina. You are divorced from her or are not married to her correct? Then no she can not take you to court for her mortgage. As far as the child support, she can request that the Court order you cover support, but in general your child support obligation will decrease because it is such a huge commitment for you, assuming your income is the same and she can not prove a valid reason for her decrease in income.
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Posted by Dads Divorce in Separation , SC , problems , petition , multi-state , Legal Strategy , jurisdiction , filing , danger , custody , Ask A Lawyer
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Question: Wife left with my son 3.5 years ago (he will be four in March). I realize that I should have done something then but didn't. At first it was in hope of saving the marriage and later it became a matter of finances. I drive 400 miles every two weeks to spend one day and night with my son in a campground. She has made it clear that if I take my son out of her area that I will never see him again. I send child support every two weeks faithfully even though there has never been an order nor have I ever spent a holiday or birthday with my son. I hired a PI at the end of last year to try and discover a pattern in my son's life. I know that DCS has been involved but I do not know at what extent. My son lives more with his grandmother than he does his mother. The last few visits have been very difficult. There has been drastic changes in his behavior that I don't understand and am very concerned about. He seems terrified of something. I want to just bring him home and file proceedings here but I don't want to harm him in anyway. I don't know what to do. Is there anything that I can file with the courts or DCS while trying to obtain legal representation? Thank you Answer: Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of South Carolina. I am unsure where your wife lives. Does she live out of state? If so, for how long? These are the key questions. Under the UCCJA (federal jurisdiction statute), your son's whereabouts and for how long are the key to filing any action. It requires in general that the state where the minor child has resided for the past 6 months be his home state and hence where the action is filed. You definitely need to file to get yourself more meaningful time with your son. As soon as you determine what state is appropriate, I suggest you file for divorce and ask for a temporary custody order as soon as possible.
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