Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

A greement which somehow became an order

  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.


 


 


 


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.


 

Show More
Show Less
Ask Your Own Family Law Question
Answered in 11 hours by:
3/1/2013
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,999
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
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.
Category: Family Law
Satisfied Customers: 120,999
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Law Educator, Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 120,999
120,999 Satisfied Customers
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

LeeMichigan

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My ex wife just passed away im the only ex husband alive am
my ex wife just passed away im the only ex husband alive am i able to get her social security our marriage lasted about a couple of years only but as i stated im the only husband still alive' … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My nephew is 17 and was caught stealing 2 lighters at
My nephew is 17 and was caught stealing 2 lighters at Walmart in Georgia. He just turned 17 and has never been in any trouble. He is an honor roll student and has always done well at school and an arh… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
What happens to a marriage certificate if that couple gets
What happens to a marriage certificate if that couple gets divorced? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Would a judge likely find abandonment in my termination of
second opinion] Would a judge likely find abandonment in my termination of parental rights case in Florida:Case is ongoing. I let my parents watch my son for 18 months. I was sending $900 a month and … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
My husband and I disagree more often than not. The real
Hi my husband and I disagree more often than not. The real issue comes when it involves business decisions. We own rental properties and he does whatever he wants our latest blow our is about one of t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,415 satisfied customers
Would a judge likely find abandonment in my termination of
Would a judge likely find abandonment in my termination of parental rights case in Florida:Case is ongoing. I let my parents watch my son for 18 months. I was sending $900 a month and visited 3 times … read more
Sue
Sue
Juris Doctorate
238 satisfied customers
My husband is selling all of our property including land and
My husband is selling all of our property including land and homes . He was contemplating divorce but now he says he doesn't want to. If he seeks the property and than files divorce what can I do?… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,088 satisfied customers
We have filed a domestic violent case against my friend's
We have filed a domestic violent case against my friend's husband. The court date is coming up this Wednesday. From one day to another our attorney changed her stand and now she is pushing us to take … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
My husband and I seperated in October 2016. My son has
My husband and I seperated in October 2016. My son has autism so I filed for SSI form him. He was granted $558.34 per month for 10 months because my husband and I reunited. I called and told them. The… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,316 satisfied customers
My boyfriend is going to court to attempt to get a set
my boyfriend is going to court to attempt to get a set visitation schedule with his son, and be more involved in decisions regarding him. however he has a rocky past. What are important points to prep… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Mom left for her vacation in London without my daughter. I
Second opinion] Mom left for her vacation in London without my daughter. I don't know were she is. I suspect she is with her grandmother. My question is what kind of emergency motion can I get to take… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
120,999 satisfied customers
How does this work?. I have a question about joint custody.
No, I have a question about joint custody. My son has turned 18 and would like to live with me exclusively. Can he decide where he wants to live before he graduates high school? … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
Can a father give up parental rights to an ADULT child to
Can a father give up parental rights to an ADULT child to stop paying child support arrearages? … read more
LegalGems
LegalGems
Juris Doctorate
10,647 satisfied customers
I am in Arizona. Lived with girlfriend for two years. We
I am in Arizona. Lived with girlfriend for two years. We have two kids together. I want to sell the house and she doesn't. Will the court order it sold. Also, do we list the assets such as furniture a… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
120,999 satisfied customers
I have been divorced for 20 years and the property
i have been divorced for 20 years and the property settlement was never completed i signed over the house in return for no past presnt future child support or medical bills but she has refusrd to refi… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
I am a relative care giver and yesterday in court the father
Good Morning I am a relative care giver and yesterday in court the father of a child that is my custody made some claims against me that was not true every time I went to say my side of the story or s… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Is there a particularly age when a child can decide which
Is there a particularly age when a child can decide which parent he or she would like to live with… read more
Expert James
Expert James
Doctoral Degree
11,684 satisfied customers
My phiance passed away from cancer I Last April. I was
My phiance passed away from cancer I Last April. I was living with her and taking care of her. When she was in the ICU, intubated and sedated I when to her ATM and withdrew 500 a day for over a week. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x