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SC CODE of Laws SECTION 15 35 380. JUDGMENT BY CONFESSION;

SC CODE of Laws SECTION 15 35 380. JUDGMENT BY CONFESSION; EXECUTION THEREON.Executions may be issued AND enforced thereon in the same manner [WHICH IS???] as upon judgments in other cases in such courts.

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Ely

Counselor at Law

Juris Doctor

69,186 satisfied customers
How can a spouse keep the capital gains, generated interest

How can a spouse keep the capital gains, generated interest and/or dividends on a brokerage account from becoming a marital asset? For example wife inherited $400,000 and deposited it in a separate brokerage account under her name only with the intention to keep the asset separate. However, over the years, the taxable income from that count was reported on the Joint tax return with her husband. Because the husband's income was used to pay some of the taxes, he was deemed to have made "a substantial contribution to the preservation or appreciation of the asset". During the divorce, the Judge said that the financial gain of approx. $250,000 over the six year period, was now a marital asset. The original $400K is separate - belongs to the wife only; but the growth (gain) of $250K was to be split.Question - How could / should wife have structured this so as to keep the gain a separate asset as well?

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RayAnswers

Lawyer

Doctoral Degree

42,762 satisfied customers
My male friend moved into my home shortly before Christmas.

My male friend moved into my home shortly before Christmas. The home and vehicle were purchase in my name PRIOR to us meeting and my finances are also in my name and PRIOR to our meeting. Are we considered common law married? How do I protect myself in this? We don't consider ourselves married, we've not introduced ourselves as husband and wife and correct those who assume such.

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ScottyMacEsq

Doctoral Degree

24,232 satisfied customers
How do i provide proof of common law marriage in the state

how do i provide proof of common law marriage in the state of texas after my husband has passed away?JA: Okay, I'll connect you to the Lawyer to go over that information with you. Before I do, is there anything else you want the lawyer to know?Customer: not at this moment

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LawTalk

Attorney at Law

Juris Doctor

37,224 satisfied customers
I am on SSDI and Medicaid and Medicare due to my multiple

I am on SSDI and Medicaid and Medicare due to my multiple disabilities, I want to get married to my fiance of 17 years but I can't afford to lose my health insurance. We have a child together who with both of our incomes qualifies for dr. Dynasaur. Will I lose my health insurance or need to go on his plan if we marry? He only has a health share account and it's not enough to cover my medical expenses

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

15,398 satisfied customers
I live in NYS and was married on 8/7/15. I have no children

Hi - I live in NYS and was married on 8/7/15. I have no children but my husband has (2), aged 18 and 15. His 18 year old son started a SUNY 2 year school in upstate NY this year, which includes room & board. My husband told me all along that when the kids went to school, his child support would stop while they were boarding. His ex wife informed him that he waived that right in their divorce agreement. He now confirms this is true. Right now, the son's tuition is not that bad because it'JA: Because family law varies from place to place, can you tell me what state this is in?Customer: its a state community college, however, in 2 years, his daughter will start college and his son will be finishing off his last 2 years at a 4-year school. We own a house together. I need to know what I can do to protect my money from being dragged into this and protect my house from any liens should he be unable to make a child support payment.JA: Has anything been filed or reported?Customer: Like what? This is our first year filing a joint tax return.JA: Anything else you want the lawyer to know before I connect you?Customer: I guess that's a start

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

15,398 satisfied customers
My son is 16 years old and going into 11th grade. I divorced

My son is 16 years old and going into 11th grade. I divorced my ex-husband 7 years ago and I am remarried now. My son has lived with me since my divorced and I've been receiving child support, but now he wants to live with his dad. I know legally the court system goes off my income and now my husband's income, but I am concerned, because I own a business with my husband and my husband works a full time job. In the business my husband and I own we are partners and each receive K1 from the company we own. My husband and I both received a K1 2013 for around $6000 (together $12,000), and my 2nd year 2014 K1 about $8300 (together $16600) and finally last year 2015 K1 around $8300 (together $16600). We take the K1 and add it to our joint tax return along with my husband's full time employment to create our yearly taxes. After we deduct my business mileage with the company we have a yearly loss. So here is my question:Does my husband's income with the business or his full time job have anything to do with the amount of child support I will be ordered to pay by the courts when my husband takes me back to court to stop his child support and get an order for me to pay? If I lose money every year (because it takes a few years to get a profitable business) will the court impose a minium income on me or should I just use my K1 as my income. When I calulated overnight visits with my personal K1 and my ex's net income it shows he will actually owe me child support. But I entered the $8300 as net (even though I write off my mileage) and he would still owe me child support.

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JD 1992

Juris Doctor

37,886 satisfied customers
I have a question relative to my marriage and the process of

Hello I have a question relative to my marriage and the process of annulment.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I married my wife on November 21st 2014 in Hemet, ca. We had been together over 3 years. Last year at this time we got into an argument and she served me with annulment papers. I ignored them and basically threw them awayJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.

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LegalGems

Juris Doctorate

18,150 satisfied customers
In my divorce stipulation my ex was able to claim one of my

In my divorce stipulation my ex was able to claim one of my children on his tax returns but he passed away 4/15 and his new wife filed her taxes claiming my child as a dependent she said as per My divorce stipulation. Is she able to claim my child in the name of my ex-husband? It makes no sense to me because child-support was only paid the first four months of the year and I supported her by myself the rest of the year and secondly my ex does not receive any benefit of this to duction the benefit is only going to his new wife who is not mentioned in my divorce papers whatsoever. When I asked the online lawyer the other day he said that the new wife has no rights to anything in the divorce papers but when I spoke to the guardian at Leitem that's representing the children in my exes will that's in court right now he said he was in positive because he is not a divorce lawyer but he did leave that she might have the right to claim my child as a dependent because she filed a joint tax return with my ex-husband. So how can I finally find out is she entitled to claim her or not?

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Alex J. Esq.

Managing Attorney

Doctoral Degree

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