The Basics Of Child Support (Cont.)

In South Carolina, the amount of child support is either determined by agreement of the parties or calculated in accordance with the South Carolina Child Support Guidelines. The Guidelines are state law mandated and calculated according to the gross monthly incomes of the parties, the number of children involved, other dependents of the parties, and credit is given to the respective party who pays for health insurance coverage of the minor child(ren) and/or work related childcare. The Court does have discretion to deviate from the guidelines when deeemed necessary as well as determine child support for higher income level parties.

Custody battles can be very difficult, heart wrenching, and expensive. As to the custody determination, the Courts are guided by the best interest of the child standard. This subjective analysis will be determined by examining among other things the fitness of the parents, their ability to provide a safe, sober and moral environment for the child(ren), and the ability of the parent to promote the best educational, social, religious, and psychological environment.

There is no clear legal advantage to being the mother or father in a custody battle. The Court will look at the totality of the evidence presented and award custody to the parent who the Court deems will promote the best interests of the child. The Court has discretion to award sole custody to one parent; joint or shared custody to both parents; or joint custody with one parent being designated as the primary custodial parent. The Courts may appoint a Guardian ad litem to conduct an investigation on behalf of the Court to assist in this determination.

The way a parent can put their best foot forward in custody litigation would be first to honestly evaluate what is the best type of custodial arrangement to benefit the child? The Courts are sensitive to the motives of parents. Be very clear as to why you are pursuing custody. Parents must also be very concise in documenting and calendaring events to provide this accurate and concise information to the Court and the Guardian ad litem.

Parents should also develop their witness list and provide affidavits
from those witnesses as to the type of parent he or she is and the relationship between the parent and child. Also key is to incorporate expert witnesses such as a counselor or psychologist into the case to provide insight into the needs of the child and which parent best meets those needs.

Parents must show dedication to the child’s well being. It is prudent that a parent not seem vengeful when seeking custody. In addition, the Court expects parents to not involve a child in custody litigation. In essence, the parent’s motives must be pure when pursuing custody and the proof of who is the best custodial parent must be substantial and convincing.

I do believe intelligent reasonable parents should mediate or reach an agreement on the child related issues stemming from a divorce. It is much better for the parents to craft their own custodial agreement than allowing the Court to establish the custodial arrangement and visitation schedule when he/she knows very little about the nuances of the parents’ lifestyle, beliefs or schedules.

Why Everyone Needs a Family Attorney

Why Everyone Needs a Family Attorney

Although some people think they need attorneys only for lawsuits and court appearances, every family should have an attorney for many other reasons, too. This does not mean you will be consulting the attorney frequently about mundane matters. It just means you will have selected and possibly met with an attorney at law you can trust for legal issues as they develop. Most families deal with various legal issues throughout life, and you don't want to have to scramble at the last minute for legal advice if something unexpected comes up.

South Carolina family law experts can provide helpful information on a number of relevant issues. Divorce and child custody questions are common. Many families also consider adoption and may need legal assistance. If family members have a prenuptial agreement or separation agreement, a family attorney or a South Carolina civil litigation attorney should possibly be consulted. April D Porter specializes in family law and can assist in matters like these, and others. 

Finding an attorney at law with expertise in family matters is important for many reasons. You may at some point have questions about a potential legal conflict, like a property dispute. Legal matters may arise when a loved one passes away or if the family disagrees over how to care for a loved one with dementia. South Carolina family law attorneys are experienced in legal problems that impact families specifically. They can provide information and guidance when a problem surfaces. April D Porter can answer questions and help family members get any needed assistance. 

Anyone with concerns about South Carolina civil litigation or family legal problems should get expert advice before making any important decisions. Often, a qualified attorney can save a distressed family member time or money by providing necessary information about the laws that govern certain matters. Before taking action, find out how the law looks at family-related situations.

The Basics of Child Support and Child Custody

With about half of marriages ending in divorce, it is no surprise that it has affected all of us either directly or indirectly. Divorce is always hard, but it is hardest when there are children involved. This week we are looking into child custody, arguably the most difficult component of divorce to couples with children because emotions run high. We want to learn more about how child support and child custody are determined.

Why we’re asking:

To most divorcing couples, their first concern will naturally be their children. The well-being of their children is important to them, and they’re concerned about how parenting will work once the divorce is finalized. Many parents fear not being able to see their children at all after divorce. Child custody and child support tend to quickly become heated battles. We want to learn more about the process to understand how such decisions are made, and what parents can do to make the process less painful.

We look to our legal resource network to learn more:

How are child support and child custody determined?

Are there really any advantages to being the mother or father in earning custody rights?

How should parents ensure they put their best face forward in court?

What child custody arrangements are most common?

We look forward to learning more about this sensitive topic.

Chester Lawyer, April Porter, Appears On Nancy Grace

Watch April on Nancy Grace Thursday The 19th at 8:00

Click Below To Watch Past Videos Of The Nancy Grace Show:

Willingness To Listen As An Attorney

Every aspiring lawyer should know that providing legal services to a client is a call of duty that requires the utmost dedication and commitment. The ability to possess a simple willingness to listen to your client's story is essential. Each and every client has a story to tell. Clients want to be heard and an attorney providing specialized services should base representation on trust, empathy and a willingness to assist a client in honoring their story in the legal system. 

It is also important to know that clients really want you to be creative and present them with options in their case. Lawyers must be willing to think "outside of the box" and help their clients see various ways to reach the desired goal. Listening to a client, determining goals and options, and assisting with a "game plan" that delivers the best results for your client are the necessary skills an aspiring lawyer should develop. 

April P. Counterman
Law Office of April P. Counterman, P.C.