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  1. #1
    Join Date
    May 2007
    Posts
    1

    Default Can I Get Legal Representation Without Being Present In Court

    My husband had a breif encounter over 17 years ago. This encounter happened to be with a friend of mine who I happened to be the God-mother of one of her children. This encounter resulted in a child from her and my husband. I know it takes two to tangle but I didn't know back then that my girlfriend was trying to seduce every man that came along in my life unitl I met my husband. Long story short it devastated me and nearly destroyed our marriage, because I could not have any children. My husband and I went on with our lives and had many hardships over the years due to this. Now we have gone on with our lives and have adopted 3 children and she has found out and just had my husband served with a child support petition after 17 years. The child lives in South Carolina and when I checked the South Carolina guide lines the statue of limitations ends when she is 18 which means it will only be for a year because the order is from the time she filed. I called South Carolina and said that I wanted to file a petition of child support(pretending like I was her and that my daugter was 17 and could I get back child support) They told me it goes from the time you file. (I would like to know if that is correct) The mother has a good job and has been on her job for over 8 years. The child has medical coverage through her mothers insurance. We all now this is being done out of spite. My question is can I write an affidavit on behalf of my husband regarding this incident. I nearly took my life over 17 years ago because of this and this is now coming back up. Also, my husband is out of work and I am the sole provider at the moment. Will they look at the fact that he is not working and will they still make him pay by child support by the child support guidelines or will they pro-rate it. There is really nothing to get here and we are struggling just to make our mortgage and support or own 3 children. He is also going to request a paternity test. Will they make him pay past the age of 18. He does not want to see the child due to overwhelming circumstances that surrounded her birth. Can they force him to make visitation rights if he does not want to see the child. My girlfriend has always used this child as a tool. My husband has only seen this child at least 4 times in her life. The last time he saw her she was 5. Because we are now happy she wants to come in a wreck havoc again. What we really need to know is can a lawyer represent him in court without him having to be there due to the fact that he lives in another state. How are state to state cases handled? This child is 17 years old, my husband is out of work and has no transportation and they feel this is a way to get him to court to see the child against his will and leave me out of the picture. What is the best way to proceed. My husband is trying hard not to get tangled up in this again and we know its not leading anywhere because she will only have 1 year of support. This is just a way to get him into the courts. Any help here will be appreciated.
    Thanks
    Jazemine

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Can I Get Legal Representation Without Being Present In Court

    Quote Quoting redgeram
    View Post
    My husband had a breif encounter over 17 years ago. This encounter happened to be with a friend of mine who I happened to be the God-mother of one of her children. This encounter resulted in a child from her and my husband. I know it takes two to tangle but I didn't know back then that my girlfriend was trying to seduce every man that came along in my life unitl I met my husband. Long story short it devastated me and nearly destroyed our marriage, because I could not have any children. My husband and I went on with our lives and had many hardships over the years due to this. Now we have gone on with our lives and have adopted 3 children and she has found out and just had my husband served with a child support petition after 17 years. The child lives in South Carolina and when I checked the South Carolina guide lines the statue of limitations ends when she is 18 which means it will only be for a year because the order is from the time she filed. I called South Carolina and said that I wanted to file a petition of child support(pretending like I was her and that my daugter was 17 and could I get back child support) They told me it goes from the time you file. (I would like to know if that is correct) The mother has a good job and has been on her job for over 8 years. The child has medical coverage through her mothers insurance. We all now this is being done out of spite. My question is can I write an affidavit on behalf of my husband regarding this incident. I nearly took my life over 17 years ago because of this and this is now coming back up. Also, my husband is out of work and I am the sole provider at the moment. Will they look at the fact that he is not working and will they still make him pay by child support by the child support guidelines or will they pro-rate it. There is really nothing to get here and we are struggling just to make our mortgage and support or own 3 children. He is also going to request a paternity test. Will they make him pay past the age of 18. He does not want to see the child due to overwhelming circumstances that surrounded her birth. Can they force him to make visitation rights if he does not want to see the child. My girlfriend has always used this child as a tool. My husband has only seen this child at least 4 times in her life. The last time he saw her she was 5. Because we are now happy she wants to come in a wreck havoc again. What we really need to know is can a lawyer represent him in court without him having to be there due to the fact that he lives in another state. How are state to state cases handled? This child is 17 years old, my husband is out of work and has no transportation and they feel this is a way to get him to court to see the child against his will and leave me out of the picture. What is the best way to proceed. My husband is trying hard not to get tangled up in this again and we know its not leading anywhere because she will only have 1 year of support. This is just a way to get him into the courts. Any help here will be appreciated.
    Thanks
    Jazemine
    Yes, the CS should be just back to the date of filing, which menas that he'll have to pay CS for just around 1 year.

    No, you can't wite an affidavit or even testify for several reasons: 1. you aren't a party to the case, 2. your feelings, beliefs, or experiences are irrelevant to the case.

    Why is your husband out of work? If his unemployment is voluntary the court will impute an income to him and base the CS on the imputed income. IF your husband is unable to work for medical reasons he'll need to prove that to the court with his medical records and it's possible the court may order a minimum monthly CS amount.

    Has your husband ever signed an affidavit of paternity? If he didn't, he has the choice to deny paternity and request a DNA to prove paternity.

    No, the court cannot force a parent to exercise thier right to visitation.

    Yes, it's possible for your husband to hire an attorney who can appear in court. However, in some states the courts prefer that the parent be present in court, and it also helps when issues such as unemployment are brought up.

    It sounds like this is creating huge problems for you and your husband, since it is, it might be best for your husband to get the DNA test, if he is the father he can return to work, pay the court ordered CS and sinmply go on with your lives while haing a monthly payment to make for the next year or so. Neither one of you HAVE TO be involved with the child or the mother if that's your choice. Counseling can also help with your anger and frustrations over all of these events.

  3. #3
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: Help Regarding Child Support Statutes in South Carolina

    I hate to be the bearer of bad news, but that child support may continue well after the child turns 18, depending on your states specific laws.
    Is she going to college? You might be responsible for 1/2 the tuition.
    18 doesn't automatically mean emancipation.
    And YOU can't do anything.
    This is all on your husband.
    Don't do ANYTHING with the courts on his behalf.
    HE can't be forced to visit the child.

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Help Regarding Child Support Statutes in South Carolina

    Quote Quoting Dad2
    View Post
    I hate to be the bearer of bad news, but that child support may continue well after the child turns 18, depending on your states specific laws.
    Is she going to college? You might be responsible for 1/2 the tuition.
    18 doesn't automatically mean emancipation.
    And YOU can't do anything.
    This is all on your husband.
    Don't do ANYTHING with the courts on his behalf.
    HE can't be forced to visit the child.
    South Carolina doesn't have any statutes requiring CS past age 18 or HS graduation, whichever is later.

    I agree that the poster can't do anything because she isn't a legal party to the case.

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