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Stephan Victor Futeral

Stephan Futeral’s Answers

425 total


  • How does visitation schedule usually work after a holiday that overrides normal visitation?

    Recently I had the kids from Spring Break that went over my ex's normal weekend with the kids. She is saying that I have the kids again this weekend because she already made plans for visitation with her bf next weekend but the order says this: ...

    Stephan’s Answer

    This sounds familiar! Yes, the weekend after Spring Break is hers.

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  • Does my Ex have to pay Half of the cost For The Divorce?

    Or Do i have to pay For it all.?

    Stephan’s Answer

    I disagree with the last lawyer's comments regarding legal fees for a divorce in South Carolina. I can't speak to the laws in CT where he practices, but SC has different rules regarding payment of legal fees. The answer to your question depends on several factors. Without knowing more about the circumstances of your case, such as who may be at fault for the marriage, each parties' income, and more, there is no way to predict the outcome. Having said that, I have included a link to my free eBook on divorce in South Carolina. I discuss legal fees in several scenarios throughout the book. The specific factors I mentioned are listed on pages 45 and 46.

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  • What are women's Rights in a marriage with kids

    My husband and I fight a lot and said I have to get through him to leave with my kids and he verbalize me lot to

    Stephan’s Answer

    I am sorry to say that it is very difficult to answer your question. Not that there is anything "wrong" about your question, but it is very broad to ask what your rights are because there are MANY. To help you understand your rights, I've included a link to my free eBook on Divorce in South Carolina. You should find the answers to many questions you might have about the process and your legal rights as a parent and a spouse.

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  • Why does family court Judges often dismiss or vacate previous orders granted by other Judges when it comes down to contempt

    charges against the other parent, when the real proof in right in front of their own eyes? You know exactly what I'm discussing about, sometimes one of the parents just will not bend on anything but still a Judge refuses to act upon it, lawyers a...

    Stephan’s Answer

    I truly understand your frustration. Having said that, it is difficult (if not impossible) to answer your question without knowing the details of your case, who your judges may have been, and so on. Obviously, answering a specific legal question is easier to do than to try to answer why a certain case came out this way or that way. However, to try to help you understand why things may not have gone your way, I have included a link to my free eBook on divorce in South Carolina. You may find some of the answers in their (especially in the chapters towards the end of the book that discuss dealing with judges and more.)

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  • Do you need a license to privately sell liquor? Would you need different ones for different states?

    Like if you were to sell liquor outside a store, making a deal with people privately without advertising or owning your own stand, kiosk, building or business, etc? Or just selling to friends, family, or neighbors? Do you need different licenses p...

    Stephan’s Answer

    I can't answer regarding whether you may purchase alcohol here in SC and sell in another state. However, I can say that to sell alcohol requires an alcohol beverage license. South Carolina regulates the sale of alcoholic beverages through a three-tiered scheme that separates manufacture, wholesale, and retail. Licenses are divided into retail licenses that authorize the sale of alcoholic beverages to the public, wholesale licenses that authorize the purchase of alcoholic beverages from producers for resale to retailers, and manufacturing and importing licenses that authorize the production or importation of alcoholic beverages into South Carolina. If you plan to sell or serve beer, wine or alcohol, you must obtain the appropriate permit from the SC Department of Revenue. A first offense violation of the ABC laws is a misdemeanor that carries up to 30 days in jail.

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  • Can a University have a different application process for people who do the same job

    student RA was told he had to re-apply go through as new app 4 next year since he was a 1 Semester RA and all the other RA's went through a different interview process Then when he went to pick up his notification letter the RA Asst. Director h...

    Stephan’s Answer

    The answer is maybe. If they are using two applicable forms to screen candidates based on disabilities, gender, age, race, religion and other classes that are protected under federal law, then they may be violating certain federal laws. Absent that, they can use whichever forms they choose.

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  • I had an amount of cash stolen from my home, while there was only two (family) suspects who live elsewhere was around me at the

    time. Both parties deny taken it and state their willing to take a lie detector test to prove it, with attitude, however both of them suddenly afterwards bought items that would require a lot of money, when neither had jobs. I needed this cash to...

    Stephan’s Answer

    First, let me say that I am sorry to hear about your circumstances. Contacting law enforcement is the best way to go. In SC, no one is given a lie detector test, not even by law enforcement. They will need specific information from you in order to establish "probable cause" to arrest one or both of them for theft. The fact that they bought things may help to prosecute them down the road, but that won't likely be enough for probable cause. You'll want to provide enough information to the police to show that no one else but the two of them had access to your cash and that they are the only ones capable of taking it. Also, if you have records or info showing how you got the cash, that would help to refute any claims by them that you had none to begin with. If the police believe they have enough to obtain a warrant, they will arrest them for either a misdemeanor or a felony depending on how much money was stolen.

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  • Is my landlord obligated to renew my lease?

    Our lease expired on 2/28/15. In December 2014 the mgmt co representing the house sent us an email asking if we want to renew. We emailed back saying yes, but asked for a maintenance item to be addressed. They promised to get quotes for the work a...

    Stephan’s Answer

    Under the South Carolina Landlord Tenant Act, if you don't have a written lease that specifies the term of the lease, then the tenancy is month-to-month. Having said that, you may have an equitable claim to remain on the property. Specifically, if you prejudicially changed your position (such as giving up a good deal on another property) in reliance upon the management's assurance that the papers were coming, then you may have a claim for promissory estoppel. Promissory estoppel allows recovery on a promise made when the reliance on the promise was reasonable, and the promisee relied to his or her detriment on the promise.

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  • My grandaughter car was charged off what does that mean?

    Hello my granddaughter went though a bad divorce. Left her near homeless. She got sick and lost her job. Because of this she fell behind in her car payment. Well the car isn't repo, it was charged off. No one ever came looking for the car. Just ca...

    Stephan’s Answer

    First, let me say that I am sorry to hear about your granddaughter's circumstances. A charge-off is when the creditor determines that an amount of a overdue debt is unlikely to be collected. For some companies, that can happen after six months of failed collection efforts. However, while creditors may charge off the debt insofar as their books are concerned, they may still "sell" the debt to a collection agency for pennies on the dollar. Then, the collection agency will attempt to collect as best they can.

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  • What type attorney do I need to write my will

    I have 4 children, 7 grandchildren, and approx. one million dollars in assets. what type lawyer do I need to write my will? regular? Estate? Trust?

    Stephan’s Answer

    You need a trust and estates lawyer (otherwise known as a probate lawyer). There are plenty to choose from in the Charleston and Hollywood area. The lawyer should be able to answer all of your questions about the type of estate planning you need such as a will, creation of trusts, etc. Also, they can prepare all the documents you will need. I do know of a good one in Mt. Pleasant, but the rules of AVVO prohibit us from posting that information here online. Instead, Google "trust and estates lawyers in charleston" and you should see plenty to choose from.

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