Legal Question in Family Law in South Carolina

Loss of income

Can a farmer who is only allowed on his property an hour a day until the property division agreement is settled sue his wife in civil court for loss of income ?


Asked on 3/06/07, 9:21 am

1 Answer from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Loss of income

The answer to your question is "probably not," but your question is difficult to answer because you have included information that seems to conflict itself.

You don't say why the farmer is only allowed on the property for an hour a day. If it is due to a Court order, then the wife is not the one restricting his access - the Court is. If it is not due to an Order, then she has no right to prevent him from entering and utlizing his own property, so there would be no liability that way either.

Also, all financial issues arising from the marriage must generally be resolved in Family Court, not civil court. The Court system does not want or need spouses suing each other for money damages and clogging up the civil system, especially when there is a separate court system (Family Court) established to handle those issues.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

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

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Answered on 3/07/07, 8:38 am


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