Family Law In Charleston And What It Mean

By Kevin Burton

What is Family Law in Charleston Spousal funding can be a sensitive topic in divorce. The party who pays the support does not comprehend why they have to care for someone who could be working. The other party believes that they deserve more because of any pain and suffering they went through.

When support is ordered by the court at the onset of the case, it is known as temporary support. When the case is over, if support is ordered by the court, it is then permanent. South Carolina constitutional laws determine if support is warranted.

Establishing the standard of living during the marriage is imperative.

Issues the court considers are: standard of living, ability to pay, giving of earnings by payor party, needs, amount of time married, debts and assets, can supported spouse work, tax consequences, relative hardships and health and age.

Changes in income or arrangements may warrant changes to amount of support to be paid.

Child support payments may be altered if there is a change in income or living arrangements of the child.

The visitation and custody provisions, ordered by the court, remain in place until the childs 18th birthday. Changes can also be made if the best interest of the child warrants it.

A contract that is entered into prior to marriage is called a prenuptial agreement or premarital agreement. A prenuptial agreement determines the rights to belongings and financial responsibilities that start with the consummation of the marriage. Post nuptial agreements are recognized within South Carolina.

The prenuptial contract ensures that whatever possession a person had before getting married will still be solely their if the marriage fails.

Simple divorces may result in a flat fee charge. A name change is approximately a $250, 000 fee. A lawyer may bill you hourly or use a flat fee.

Disputed divorces and custody cases normally require a retainer fee be paid. The lawyer will bill you per hour. For disputed custody, the retainer can be as small as $2, 500 or as much as $10, 000. The circumstances and facts will determine the cost. Some attorneys charge as much as $175 an hour. The amount you are billed is taken away from the retainer fee first. Once the funds from the retainer run out, the attorney will bill you and you will have a certain amount of time to pay.

A comprehensive agreement regarding the retainer will be provided to you by the law firm you choose to use. Listed in the retainer is the lawyer's agreement to represent you and how your case will be handled. Advice for you to use to assist in the case will be provided also.

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