|
Nov 07
2009
|
Ask a Lawyer: STOP/ MODIFY ALIMONYPosted by Dads Divorce in SC , Legal Strategy , Ask A Lawyer |
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachussetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
England/Wales
Canada
Dads Divorce - Free custody and alimony advice for men and fathers.Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
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.
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. |