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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16298
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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In SC, when I file my answer to complaint for separate maintenance

Resolved Question:

In SC, when I file my answer to complaint for separate maintenance and support, if my answer includes allegations of my own as a counterclaim, do I have to register or file the evidence that I plan to use at the ensuing hearing, or can it just be presented when the judge asks what I am referring to in the answer document?
Submitted: 5 years ago.
Category: Family Law
Expert:  Legalease replied 5 years ago.

Hello there.

 

No, you do not have to register or file any of the evidence you are relying on for the separate support and maintenance hearing. When you are writing up your answer and your counterclaim, first you should keep those two separate -- you call the document at the top "Answer to XXXXXXXX and Counterclaim" and then start off with a section "A" as your Answer (I hereby answer the plaintiff's complaint as follows: 1. XXXXXXXX, 2. XXXXXX -- and set out each number as its own paragraph) and then do a section "B" Counterclaim (In addition to the above Answer, the defendant hereby makes the following counterclaims against the plaintiff: 1. XXXXXXXX, 2. XXXXXX). Next, if there are supporting documents that you must use as evidence you can refer to those documents in your Answer and Counterclaim (you can state "based on plaintiff's wage paystub dated June 20, 2010, the plaintiff earned XXXXX" ) and then just be ready to present that supporting document in court -- (you do not have to attach the documents or file them with the court prior to the hearing) -- you just have to show up with three copies of each document so you can give one to the judge, one to the opposing side and keep one for you own file.

 

 

--Mary

 

 

GOOD LUCK

 

 

THANK YOU

Customer: replied 5 years ago.
Do I have to specifically reference where the evidence is coming from? I was planning to simply say in the answer "based on the plaintiff's statements..." but would prefer not to specify how and where I obtained the statements until producing the documents at the hearing - my purpose for this would be to not allow the plaintiff's attorney time to devise a plan for making the source seem illegal or unfair (i.e., my spouse's (the Plaintiff) Facebook page, which I have access to since she has never bothered to change her password XXXXX the time we were happily living together and I had her permission - and she has not since notified me that I don't have her permission to access.)
Expert:  Legalease replied 5 years ago.

Hello.

 

No, you do not have to specifically reference where every piece of evidence is coming from or even what it is -- but when you have things like paystubs and things like that you probably should reference them by date in the written Answer and Counterclaim so that when you hand them into the court it will be easier for the judge to figure out what is what. But there is no rule that states that you absolutely have to do this and you can bring things in at the hearing as you indicate -- just make sure you have enough copies of every thing for the hearing.

 

 

--Mary

 

 

GOOD LUCK

 

 

THANK YOU

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