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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16710
Experience:  Licensed experienced Attorney
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My sons father and I had shared custody in the state of SC

Customer Question

my sons father and I had shared custody in the state of SC as of 6 years ago I was in an accident where I was run over by the police with the child in question I had 8 operations as a result of the accident. I obviously sued the state of NY while in the process of sueing the state of ny my sons father came and got him and took him to SC he then filed in court for full custody I was having back to back surgeries and wasn't able to make the court appearance in SC for the hearings. My personal injury Lawyer contacted the judge and requested a continuance due to medical reasons. The judge stated in that ruling that I may be getting a personal injury settlement as a result of this accident and that I'm ordered to pay all court costs and lawyers fees because I may be getting a settlement. My lawyer in NY told me hes not licensed in the state of SC but the state could not put an attachment on my personal injury settlement he said he can walk the lawyer in sc through it if need be. How can the judge set me up for failure before I even knew I was getting anything and then my court order says I have to pay for everything because I may be getting a settlement.
His father hasn't allowed me to see or speak to my son in 6 years has asked me multiple times to drive to the state of sc so I could see my son then when I get there he tells me I cant see him.
Please help what are my options and can this happen
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is***** am a US licensed attorney and I will be happy to answer your question.I am sorry to hear about this unfortunate situation.Please note, I cannot comment on your specific situation, as this services is only limited to general information and for any legal advice / legal service you should contact your local attorney.I am not permitted to tell what to do in their specific situation or list all of the legal rights that might potential apply in any specific situation, as such legal advice can only be provided by your local attorney, upon review of your entire case.I can however, provide you with a general answer, if you have a legal question for me?Thank you.
Customer: replied 1 year ago.
ok so legally can I be ordered to pay court costs and lawyer fees because I may be getting a settlement? All that was known at the time of the ruling was that I was in an accident no settlement had been discussed? Not sure if I worded that correctly for it to be a legal question. I'm trying. that's the question I have which is why I signed up for this service,
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.While I cannot comment on your specific case, generally, family court judge does have legal authority to order one of the parties is a family dispute to pay all legal fees and/or court costs, based on the party's financial ability to do so or when one party has significant financial advantage over the other party.However, when a judge issues an order for a party to pay legal fees / court costs based on the current of potential future financial ability to do so, it is not considered a legal "attachment" or lien on the settlement funds, but simply a court order based on the information that was available to the court at the time the order was made by the court.I wish you the best of luck!
Customer: replied 1 year ago.
I don't understand how legally I can be ordered to pay something because my personal injury lawyer didn't even know I was getting a settlement? If I receive nothing legally my financial status didn't change that's the legalities I want to understand?
Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.Any order by the family court can be appealed or a motion for reconsideration can be filed, to ask the judge to reconsider it.However, this is a very complex area of the law, so it is important for someone in a situation similar to yours to consult and retain an experienced local SC family law attorney to address the situation related to the order to pay all the costs and legal fees.You can find an experienced and skilled local family law attorney by using this established and reputable attorney information / referral websites:www.lexmundi.comwww.martindale.comwww.lawyers.comwww.legalmatch.comWhen, choosing a local attorney to represent you, it would be a good idea to choose someone who has a practice exclusively dedicated to family law, has at least 10 years of experience and handled similar matters and also regularly practices before the court located in the jurisdiction where your matter might be heard.I wish you the best of luck!
Expert:  Alex J. Esq. replied 1 year ago.
Please let me know if you have any related follow up questions?If not, please positively rate and accept my answer, so I can be compensated for my work.Thank you.