Legal Question in Legal Ethics in South Carolina
contracts/ court orders/child support
Is it legal for two parties to enter into a contract to be submitted to the family court, nad thus ordered by such court without their signatures? Or, can their two attorneys sign such documents without review by said parties? If so, why?
1 Answer from Attorneys
Re: contracts/ court orders/child support
It is not proper for a "contract" to be filed with anyone without the signatures of the parties proposed to be bound by it.
Lawyers can bind their clients through stipulations, but that is usually to the client's advantage.
A Judgment will be entered by the family court dividing property, assessing child support, etc., when the parties cannot agree, and the attorneys may have to approve that Judgment as part of their duties to the court.
When parties to a divorce cannot agree, the Court will usually make an agreement for them and they will probably not like it but that's how the system works.
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