1. This is the...
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.
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.
This is what my x’s attorney made me sign to be released which 95% of is not listed in the above:
- Pay $7,000.00 cash prior to release.
- $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.
- Proof of insurance on real property located on Johns Creek Road and
personal property therein prior to release.
- Wife shall have unrestricted (meaning she can sell or otherwise dispose of) possession
- of the following items prior to release:
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.