South Carolina Recent Legal Answers from Lawyers

South Carolina is an "equitable distribution" state.  Generally, parties' marital assets are going to be divided equally.  Date of acquisition, and source of funds for purchase are two of the numerous factors considered when determining if an asset is "marital."  The issue of being named on title of an asset has a significantly minimized role in determing if an asset is "marital."   When parties are contemplating separation or divorce, the best practice would be to avoid transfering assets, or making major financial decisions or changes without legal advice based on a full review of the situation.... Read Answer

After a person has resided in South Carolina for one year, South Carolina has jurisdiction to grant a divorce.  Because of the "split" of the children, jurisdiction for purposes of custody would be addressed in a potentially a different manner.  The last 6 months residence of a child can be a controlling issue for custody proceedings.  Many situations provide opportunity for filing in multiple states.  When a litigant could file in multiple states the case should be reviewed for possible benefits in either state.  For example, some states have more favorable laws for alimony, defense of alimony, custody, or division of assets.  ... Read Answer

You may apply for a tourist visa. While you may no longer be barred from admission given it your deportation happened over ten years ago, you will face difficulty. You will need to satisfy a consular official you will not overstay and work without authorization this time. You will need to show strong ties to your country. You can read more about visitor visas at http://myattorneyusa.com/travel-visas.... Read Answer

Yes, you have broken the law by selling something that is not legally yours at this time.  When something is financed, until full payment is made, it technically belongs to the finance company until paid in full. Dr. Michael G. Sribnick, Esq. criminal defense lawyer in Charleston and Columbia, S.C. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read Answer

Provided the father was not married to another woman, his children would be the sole heirs. The appointment of personal representative could give preference to a parent or sibling.  Regardless, the mother of the heirs has a strong case for apointment as personal representative of estate.   ... Read Answer

Custody modification requires a clear assessment of the circumstances existing at time of entry of the original order.  Consider obtaining a copy of the court file, your previous case file, and the existing court order before consulting with an attorney for filing a modification action.  These items will be necessary for a clear review to determine ability to file a viable custody modification action.... Read Answer

§ 20-3-130, SC Code provides 12 factors, and an open door for a Judge to consider other matters while determing if and the amount of alimony should be awarded. These factors are: (1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties; (2) the physical and emotional condition of each spouse; (3) the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse's income potential; (4) the employment history and earning potential of each spouse; (5) the standard of living established during the marriage; (6) the current and reasonably anticipated earnings of both spouses; (7) the current and reasonably anticipated expenses and needs of both spouses; (8) the marital and nonmarital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action; (9) custody of the children, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment outside the home, or where the employment must be of a limited nature; (10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties; (11) the tax consequences to each party as a result of the particular form of support awarded; (12) the existence and extent of any support obligation from a prior marriage or for any other reason of either party. Navigating the evidentiary hurdles to present necessary evidence for aclaim for temporary or permanent alimony would be difficult without an attorney.  Also, you must be prepared to thwart defenses raised against your claim.... Read Answer

Name changes can be filed in Family Court in South Carolina.  Background checks are required through SLED, and through SCDSS.  Experienced family court attorneys in your County should be of great assistance navigating this process.  Some administrative judges process name change filings without requiring hearings.  ... Read Answer

You have two issues that are inextricably tied together.  First, you must file an action to modify your ongoing support obligation.  You will need to be able to show a substantial change in circumstances has occurred since the entry of the support order, and the change warrants a downward modification of your support obligation.  Retroactive downward modifications are granted very rarely, but ending the ongoing accumulation of the support obligation beyond your means is crucial.  Second, you need defend the contempt action utilizing the new action to modify.   Your new action can be used to educate the trial judge at the contempt action of your circumstances, and how those circumstances warrant a finding your action were not “willful” and therefore, not contempt.  Your success in navigating these two issues simultaneously without an experienced attorney familiar with your county’s court staff and judges will be nearly impossible. ... Read Answer

Your question sits at an intersection of family law, and potentially full faith and credit clause and civil judgment limitations.  Generally, child support obligations are not reduced to civil judgments.  Civil judgments have a shelf life / limitations period.  To provide meaningful answers to your questions, a family court practitioner will need a copy of the original order directing the payment of support, copies of susbsequent orders utilized to enforce the obligation, and copies of any orders that were obtained in states other than the originating state.  It would be difficult in the format of "ask a lawyer" for you to deliver the necessary information for an attorney to formulate an opinion of your complex, multi-jurisdictional issue. ... Read Answer

Banks are private institutions and what they do with regard to their rules of lending is generally up to them. Withholding of removal allows an individual to remain in the US as long as there is continued fear of persecution from the home country. As there is likely to be a long period of time during which individuals can stay in the US with work authorization, the choice of whether to take the risk of lending to such individuals is up to the institutions. There is no law of which I am aware precluding them from lending to such people.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Yes, you can sue the mother, but damages (money) may be difficult to obtain and the trial may be costly to you.  I suggest that you consult with a defamation attorney.  Suitng the authorities may be extremely difficult. Dr. Michael G. Sribnick, Esq. defamation attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Yes you can, but I would recommend hiring a insurance lawyer for best results. Whether or not that attorney will take this case on a contingency basis is impossible to predict. This answer dos not create a lawyer/client relationship nor does it constitute legal advice. Dr. Michael G.Sribnick, Esq. insurance company litigator in Charleston, S.C.   Michael G. Sribnick, M.D., J.D., LLC... Read Answer

Was this person convicted of a crime? The fact that the search was without warrant has no bearing in immigration matters. The adjudicator of an immigration application will not relitigate the criminal case, but rather simply really on the disposition. This person will be subject to a permanent bar to admission if he/she was convicted of possession of cocaine. Depending upon the facts, the consular official could also deternine he/she is inadmissible based upon to reason to believe he/she is a drug trafficker. There is a limited waiver available under INA 212(d)(3) for nonimmigrant visas. There is no waiver for immigrant visas. In addition, this person may need to seek permission to reapply for admission after deportation. I encourage this person to discuss the matter further with an experienced immigration attorney. ... Read Answer

You would be well advised to hire a criminal defense lawyer to protect you and try to keep your child from being taken away by DSS.  If you cannot afford a lawhyer, perhaps you qualify for a public defender. This comment neither creates a lawyer/client relationship nor constitutes legal advice. Dr. Michael G. Sribnick, Esq. criminal defense attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read Answer