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Bryan Wesley Braddock
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Bryan Braddock’s Answers

15 total


  • How do I get a child support order modified?

    Got child support order today (04/23/2014) Saw it as very unreasonable & want to get it reduced before scheduled pay date

    Bryan’s Answer

    Clearly, as has been alluded to, this is a complex question which will require consultation with an attorney. With the Order being 1 day old, you cannot file a new action to modify the prior decision, as it is not conceivable that an unforeseeable and substantial change of a material fact has occurred since the Order was issued. Therefore, the most two theories of relief are (1) a Motion to Reconsider or (2) an appeal.

    However, in the State of South Carolina, the Court universally utilizes the SC DSS Child Support Guidelines to calculate child support. It is a very formulaic process in which a limited number of variables are entered into the equation, a button is pushed, and the child support number pops out. The first question is whether there was an error in calculating or using any of the data used in the equation. If the data is correct, and you still do not like the child support amount, there are a limited numbers for which the Court could deviate from the guidelines, which are rarely utilized. However, it might be worth double-checking to ensure whether you have a reason for deviating. If the Court used the correct data, and you do not have a valid basis for deviating from the guidelines, then whether or not you think the amount is unreasonable is completely irrelevant.

    Please consult with an attorney immediately. You have 10 days from receipt of the Order to file any Motions and 30 days for the filing of any appeal.

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  • Can a sex offender get full or partial custody of his child?

    The crime took place over 10 years ago, he was a juvenile (15) but he still has to register as a class A sex offender. The crime was against a very small child.

    Bryan’s Answer

    This questions has been directly answered by our appellate courts in South Carolina. In the Payne v. Payne decision in 2009, our Court of Appeals confirmed that, while a Court should consider the party's status on the sex offender registry in making its decision regarding custody, the amount of weight to place on that factor is in the discretion of the Court and is not dispositive on the issue. The Court will look at the totality of circumstances in making its decision.

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  • I would like to know if I am getting remarried and my exhusband has no contact with my child he is also back and forth in and

    out of jail. Can my new husband adopt my son if we run an add in the paper and he does not respond.

    Bryan’s Answer

    It is impossible to fully answer your question, as ever sentence brings up additional and varying issues. Adoption is a very complicated and very, very meticulous area of the law. Contact a local adoption attorney immediately.

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  • Can my husband's ex-wife sue us again for child support?

    She sued us once which later dismissed. We don't know why. She lives ingeorgia and we live in south crolina. Allwe got was a dismissal letter. She told my husband the childwas not his. She has recently startd trying to contactmy huband again now t...

    Bryan’s Answer

    Without have more details, I would say yes. Just because she abandoned the previous action does not mean she is barred from pursuing child support. If the child was born during the marriage with your husband, then legally the child is his and he has a duty to support the child whether or not there is a Court order in place. If the child was born after the marriage and the issue of paternity was never adjudicated, then your husband is certainly entitled to ask for a paternity test. However, if he is the father, then she is entitled to child support.

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  • I want a divorce but am not separated yet. I am having an affair but my wife said she won't sign papers. What can I do?

    I am not in a position to separate from my wife yet but have told her I want a divorce. I am having an affair with someone that I have always been in love with and want to have a future with but my wife says she won't sign the divorce papers when...

    Bryan’s Answer

    Once again, South Carolina does not require parties to agree to anything. The signatures of parties are only required on written agreements, and those agreements still have to be accepted by the Court. The Judge's signature is the only binding signature in the process. You can move out, live separate for a year, and then file for a divorce on the one year's separation at that point. If you have children or, for some reason, need to go ahead and address financial and/or property/debt issues through the Court before the one year is up, you can file an action within the Court to address all issues other than the divorce itself, which would not yet be ripe (at least on your end).

    So long as you have been a resident of South Carolina for more than one year, or both of you have lived here for at least 3 months a the time of filing, then you can file for certain marital relief here when you are ready. Before doing so, see a licensed South Carolina attorney to discuss whether filing is in your best interest.

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  • I live in SC and are at fault for adultery and want a divorce but my spouse refuses to sign the papers. I want out, what do I do

    We have no children and I am at fault for adultery and want out but my wife refuses to sign the papers. If we are separated for a year and I file for divorce through the courts, can she be forced to sign the papers and if not how can I get out of...

    Bryan’s Answer

    In South Carolina, parties do not 'sign for divorces'. The Judge's signature is the only signature required for the granting of a divorce. You will be required to file the papers alleging the one year's separation once that period has passed, but thereafter her signature or consent are not required. She can potentially delay the process by pursuing relief to which you do not agree, but that is a separate and distinct issue.

    For the procedures of filing for a divorce, you should either pursue the advice of an attorney licensed in South Carolina or attend one of the many workshops given for people pursuing simple divorces pro se.

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  • How do I present text messages in court to show harassment in a separation case?

    My wife and I are legally separating. As part of the temporary agreement, there was a no harassment clause. She has violated this multiple times and I have proof by way of text messages, emails and voicemails. I do not have a lawyer, nor can I aff...

    Bryan’s Answer

    Following along these same lines, it is sometime possible to photocopy the text. Similar to the photograph idea, this allows the Court to actually see that the text was on the party's phone. Most cell phone companies will claim that they dump all text messages every few days, making it virtually impossible to obtain proof of the text from the actual company.

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  • Pro Bono Divorce

    My husband and I separated in June of 2003. It has been over six years and he still refuses to pay for the divorce, not because he doesn't want it, but because he was very abusive then and I guess this is him screwing up my life still. I am a co...

    Bryan’s Answer

    These are all questions for an Iowa attorney to answer. However, if you remain here for a year, then South Carolina has jurisdiction over the divorce. If there are no children, no property, no marital debt, and you are not requesting alimony, it is likely that you could handle the divorce yourself without an attorney. You could file here, pay the local law enforcement agency where he lives to serve him (most Sheriff's Departments have a civil service division), and move forward with your own divorce. Local agencies often hold 'do-it-yourself' seminars on simple divorces which you can attend from free. If you are seriously looking for a simple divorce and nothing else, it is possible to handle it yourself, if you are willing to put in the time and effort.

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  • I want to move 50 miles from ex. We have joint custody. Im getting married. He said he will not agree. Do I have chance?

    I want to move. In my agreement it says I will stay in the county.

    Bryan’s Answer

    It is impossible to determine whether you have a chance until a licensed attorney evaluates your case. There are a multitude of facts which were not included: the child(ren)'s ages, the frequency with which the other parent visits, amount of family in area where you live, amount of family in area to which you desire to move. The distance is not that substantial, which helps you immensely. I just tried to case involving one parent moving almost all the way across the country. The cornerstone case for relocation cases in South Carolina is Latimer vs. Farmer. You may want to review the case yourself before deciding whether to pursue the move or see an attorney: http://www.sccourts.org/opinions/displayOpinion.cfm?caseNo=25857.

    Good luck.

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  • What if father and mother remarried but seperated weeks after is the marriage still valid

    need help

    Bryan’s Answer

    I assume you are asking whether the marriage is subject to being annulled by one party or the other. The answer is (not surprisingly) maybe. The key to determining whether a marriage is subject to being annulled is whether the parties actually intended to be married or not. [I am going to avoid a discussion of marriage which are void ab initio, such as when one party was still married.] The classic factor the Court looks toward is cohabitation. If the parties cohabitated, even for one night, then it is highly unlikely that the Court will find that the parties did not intend to be married.

    Just regretting a marriage does not constitute grounds for voiding it.

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