How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90038
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
10285032
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

A greement which somehow became an order

Resolved Question:

 


1. This is the agreement which somehow became an order that I supposedly agreed to which I did not but that is not the issue below this order find the agreement which I was made to sign by my x’s attorney before I could be released from jail for contempt of court. Forcing me to sign this was and is criminal and violates so many laws to many to name. Just wanted you to understand what I have been through just to see my children. Notice in line 2  the last part of that sentence “this court” well there was no court it was my x’s attorneys’ court period, no Judge has ever saw this or agreed with it. A matter a fact I have an order which states the opposite signed by the first Judge. Also according to what I have read imprisoning a contemnor for failure to pay a support debt based merely upon a finding of civil contempt, (and this was not a support debt at all) when he or she lacks the current ability to pay the full amount of the support arrearage, may violate S.C. Const. Art. I, § 19, which states “No person shall be imprisoned for debt except in cases of fraud.”  If the court’s goal is to actually punish the payor for non compliance, it either needs to use criminal contempt sanctions (which afford the alleged contemnor much greater rights, such as the right to counsel, the right to remain silent, and the right to a jury trial if the incarceration period will be greater than six months) or use the criminal courts and prosecute the delinquent payor for failure to support a spouse or child under S.C. Code Ann § 63-3-20.  If the court’s true goal is to use civil contempt to obtain payment and enforce compliance with support orders it needs to end the incarceration when the payor pays what he or she has the current ability to pay and then put the payor on an accelerated payment plan, using wage withholding when possible, on the remaining arrears.  Using civil contempt to punish delinquent payors is an impermissible application of civil contempt. After reading please advise, it is crazy but all true I am not just spending money to have you read this and offer your opinion for because I have nothing better to do.


 


 


 


2. Lastly can a disabled person in SC be imprisoned without a doctor’s consent? I am a paraplegic and have been for a long time my health then as now is not good, just thought I would ask.


 


 


 


ORDER/ AGREEMENT


 


Trial Judge:


Court Reporter:                                                          


 


Attorney for Plaintiff:                                                  Attorney for Defendant:                                             Guardian ad litem


            Date of Hearing:                                                         March 24, 20..


          


            This action came before the Court on the 24th day of March, 20.., at the appointed time of 11:00 a.m.  Appearing on behalf of the Plaintiff was the Plaintiff,... and his attorney ....  Appearing on behalf of the Defendant was the Defendant,... and her attorney .  .......t was also present in his capacity as Guardian.


 


            This matter came before the Court per the Order and Rule To Show Cause wherein the Defendant alleges that the Plaintiff has violated the terms of the Temporary Order.


            Prior to taking any testimony, the parties announced to the Court that they had reached an agreement and stated the agreement as follows:


 


 


            1.         The Plaintiff shall make all payments related to the house, including the first mortgage and the second mortgage, and the homeowner’s insurance, current through Monday, May 10, 2010, and shall confirm the zero balances in writing to Defendant’s attorney through his attorney on or before Monday, May 10, 2010.


            2.         The Plaintiff shall confirm insurance coverage on the former marital home in writing through his attorney to the Defendant’s attorney on or before Monday, May 10, 20...


            3.         The Plaintiff’s visitation shall be allowed as recommended by Dr. ... the Plaintiff has an interview(s) with Dr. …, which will not include an evaluation at this time.  The Plaintiff shall meet with Dr. .. prior to Monday, May 10, 20...  After Dr. .. meets with the Plaintiff, Dr. ..may suggest contact or visitation that she deems appropriate with the children, and the Plaintiff and Defendant will cooperate with her recommendations regarding the contact and visitation.


            4.         That the Plaintiff shall pay the sum of $7,000.00 to the Defendant as reimbursement of her share of the $14,000.00 that the Plaintiff withdrew from a whole life insurance policy during the pendency of this action.  This payment shall be made through his attorney to the Defendant’s attorney on or before Monday, May 10, 20...


FINDINGS OF FACT AND CONCLUSIONS OF LAW


 


            Based upon the sworn testimony and evidence presented at the hearing, the Court finds the following salient facts exist and makes the following conclusions of law:


 


1. That this Court has personal and subject matter jurisdiction over the parties and subject matter of this action.


2. That the parties have entered into an agreement as set forth herein, and each party fully understands this agreement, entered into the agreement freely, voluntarily, knowingly, and willingly and without threat or coercion.  Each party understands that he or she could be held in contempt if they violated the terms of this agreement.


 


            WHEREFORE, it is Ordered:


 


That the Plaintiff is sentenced to six months in the Greenwood County Detention Center, however, he can purge himself upon compliance with the agreement as set forth herein.  Should the Plaintiff fail to abide by the terms of the agreement as set forth herein, counsel for the Defendant shall submit an affidavit confirming the Plaintiff’s failure to comply, and and a bench warrant shall issue for the Plaintiff’s arrest.


IT IS SO ORDERED.


                                                                                                                                  


                                                                                   


                                                                                    Presiding Judge


                                                                                   


This is what my x’s attorney made me sign to be released which 95% of is not listed in the above:


 



  1. Pay $7,000.00 cash prior to release.


 



  1. $8;000.00 to be paid on or before August 1, 20... This $8,000.00 shall be held in trust at


              her attorneys law firm pending the final distribution and shall be subject to


            equitable distribution by this Court for attorney,' guardian's fees, and otherwise as


            this Court sees fit.


 



  1. Proof of insurance on real property located on Johns Creek Road and


              personal property therein prior to release.


 



  1. Wife shall have unrestricted (meaning she can sell or otherwise dispose of) possession      



  • of the following items prior to release:


a. Camcorder


b. Husbans Dogs


C. Any and all of her jewelry, including but not limited to, rings, bracelets, watches,


    necklaces earrings, and pins


D. Her clothing, books, suitcases


e. 2 hand guns that belonged to her father


f. Cherished Teddy Bear collection


g. Any other of her collectibles


h. Yellow storage container at Ken’s house


j. Silver flashlight


k. comforter set


l. Her stuffed animals


      5.         Husband can review, through his father, the items that are to be taken prior to their    removal. The following property shall be held by wife but shall be restricted in that she shall not destroy, sell, or encumber:


a. jet ski


b. 21” silver trailer


C. 24’ boat w/trailer


d. White Lincoln car


e. Sons baseball pitching machine


f. children's ATV's


g. Kid's computers


h. Shawn's baseball cards


 


This entire agreement is subject to an inspection of any/all of her husband’s storage facilities, any/all storage buildings, every room in the his Taggard home,  Maxwell property, his Abbeville property, the silver/black trailers behind the Taggard property and every room at Genesis (Kens Company).


 


This inspection will occur prior to release and prior to final property requests.


 

Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
What the attorney has done is if you signed any agreements at all they put them in the court order for the judge to sign them and make them not just a contractual agreement but an order of the court which could be enforced by a contempt of court charge and not just breach of contract.

He made you then sign a contractual agreement, which is not an order of the court or part of the above order and this you can argue is a void agreement based on coercion as you were forced to do so or sit in jail with your freedom taken away. You need to consider filing a motion to void that agreement based on coercion voiding your voluntary consent and as there was no voluntary consent the agreement is void.

To address your issue about being jailed for a debt, actually you were jailed for contempt of court for not abiding by a court order and not for failure to pay a debt (this is splitting hairs I know, but this is exactly what the SC Courts will hold if you raise the issue) even though the contempt was because you did not pay a debt and they see that as two different things.

Finally, and we get this question all of the time, there is no law that requires the judge to get consent from anyone before sending a disabled person to jail I am afraid. A doctor's consent is not required and we have had them send terminal cancer patients on chemo to jail and they are just simply put in the hospital ward of the jail or the jail provides them the treatment they need until they are released.


I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

If you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90038
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 4 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney