Legal Question in Family Law in South Carolina
child support/assistance
physically and legally seperated from husband for 3 1/2 years and trying to gain assistance or support for two children. husband hurt in automobile accident and not worked in more than 4 years. settlement pending and I know that these things take time, so who knows when i can get some relief. He is currently under the care of doctor and turned down at least once by social security. it is my understanding is that ssi lawyer in nebraska is currently working case for this. my question: is it going to cost me a large retainer, court cost and lawyers fees at $300./hr to try and gain very minimal amounts of support from a party that is not employed? Can I request support from someone without an income and out of work because of an injury and being under care of dr.? what are my options?
thanks for your time
1 Answer from Attorneys
Re: child support/assistance
You have several issues rolled up into one seemingly simple question. First, part of your husband's personal injury case will be for "loss of consortium" which is intended to compensate you for loss of his services as your spouse. Be sure that YOUR interests are protected in HIS settlement.
With regard to his social security disability status, if he is ever approved, your children will draw a check as his dependents, and those checks will be issued directly to the custodial parent.
If he is determined to not be disabled and to be able to work, then the Court can impute income to him based on his earning capacity and calculate child support off of that amount.
As far as legal fees, some of the more experienced family law attorneys handle domestic cases on a "fixed fee" basis instead of charging by the hour. I handle cases on that basis, and it is very reassuring to my clients to know up front what their total costs will be, as opposed to a never ending clock ticking away for the hourly-basis attorneys.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
