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Kim Anderson Ray

Kim Ray’s Answers

16 total


  • DNA test in SC, child being there when DNA test is done?

    DNA test in SC, When i go to the court house does the Mother and the assumed Child have to be there when I go in for the DNA test?

    Kim’s Answer

    That is the usual scenario - mother, alleged father, and child are all present at the courthouse for swabbing. However, on occasion, I have seen a mother show up without a child (child may be sick, etc.) or the mother not show up at all and DSS re-schedules for the mother to bring the child back on another day. Meanwhile, they will go ahead and swab the alleged father so he doesn't have to make another trip to the courthouse. His sample can be tested and the results held for comparison.

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  • Will it be okay for me to have my children father to pay me child support without courts involve?

    I want to order my children father to pay child support, we both agreed on the amount he gone pay me, but we don't want courts involve to make it a nasty situation, can we get a lawyer to review our agreement and keep it like that without going to...

    Kim’s Answer

    Many parties enter into informal agreements voluntarily and do not go before a judge. The purpose of making the agreement enforceable in Court is if , for example, your children's father suddenly stopped paying support. You would have no way of making him continue to pay. It is always in you and your children's best interest to have that Order enforceable. Your ex may be worried about going to jail if he is unable to pay the support, but if he loses his job or has a pay reduction, the two of you should simply agree to modify his support. The modification can be done without a lot of drama. Please see an attorney for further evaluation of your matter.

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  • What will happen if I move out of SC to another state andI am currently paying alimony?

    If I fail to pay any of my alimony will SC expidite back to the state. Or will it depend on the state I now reside in?

    Kim’s Answer

    The answer to your question depends on a couple of things. First, are you paying directly to your spouse or through the clerk of court's office? Either way, the first step if you fail to pay after you leave the state would be for a Rule to Show Cause to be issued summoning you to court for a contempt hearing which is a civil offense. If you pay your back alimony up before the hearing date, the "rule" wille be dismissed. If you do not pay and fail to appear, you will most likely be held in contempt (assuming you were properly served with the documents). If you are in SC, the judge would probably issue a bench warrant for your arrest, plus an order for the back alimony, court costs, and attorney's fees (if there is an attorney involved). If you are out-of-state, the order will eventually go to a support enforcement agency or to another private attorney which/who would do several things: 1) they could find your job and garnish your wages; 2) they could find your assets and seize or levy against them (house, bank accounts, etc.); 3) they could seize your state and federal income tax returns. And so on and so on. And, of course, all of these options would incur interest and more fees.

    So, expedite - no they won't do that. Make your life miserable - yes.

    **This opinion is provided for information purposes only and should not be substituted for legal advice. Please seek the counsel of a licensed attorney in the appropriate jurisdiction.

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  • My 3 year old has been hit by a 18 wheeler and rap?

    my three year old has got hit by a 18 wheeler when in the mother care and the mother was to busy to take care of the child she was haveing sex when her child got hit. but dss didnt care they slap her on the wrist and then let the baby go back know...

    Kim’s Answer

    Even though DSS is involved with the situation with your child and her mother, you can file a private custody action of your own. You simply need to hire an attorney and prove that there has been a substantial change of circumstances in the child's care and that you should be given custody.

    You must understand that DSS's primary responsibility is to reunify the family - which means return your child to her mother if they can. DSS will never seek to give you custody unless they determine the mother is some threat to the child. As long as her mother is remotely fit and follows the treatment plan prepared by DSS, they will return the child to her.

    It sounds as if you need an experienced attorney to assist you in this process.

    **This opinion is provided for information purposes only and should not be substituted for legal advice. Please seek the counsel of a licensed attorney in the appropriate jurisdiction.

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  • If a mother is found unfit to take care of her child, can the father who is a registered sex offender get custody?

    a friend is wanting to get to know his child that he has never met, the mother is not quite stable and the childs grandmother does not want the father to have anything to do with his child

    Kim’s Answer

    Qustions concerning child custody are rarely yes or no answers. The ultimate answer in SC always lies in the "best interest of the child" standard that the Courts use to make determinations. In this question, if we presume that the mother has been adjudicated "unfit" by a court and that the grandmother has custody, the next thing we want to do is look at the father's situation. If he is a registered sex offender, what exactly does that entail? Has he been convicted for harming children, sexual assault against an adult (male or female)? Public urination or indecent exposure? It makes a difference.

    This father may not get custody, but depending on his prior offense, he may be allowed some type of supervised visitation - assuming that his conviction did not involve his own child and he has been banned from contact altogether.

    **This opinion is provided for information purposes only and should not be substituted for legal advice. Please seek the counsel of a licensed attorney in the appropriate jurisdiction.

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  • Our separated daughter states she is entitled to 1/2 of husbands retirement after 10 yrs of marriage. They were married 13 year

    He is currently in sumter with all property. she is in NC with nothing. what are her options?

    Kim’s Answer

    I have a sneaking suspicion that this involves a military retirement since 10 seems to be the magic number and Sumter is the location. In SC, the Court follows equitable apportionment which means that the Courts can determine what portion of a retirement plan the spouse is entitled to receive. She may well receive half of it as is often the case with military spouses. The military spouse rarely is able to establish a career that would enable him/her to establish a retirement of their own, so the Courts usually do divide a military retirement equally UNLESS there is some type of marital misconduct involved on the non-servicemember spouse's part.

    The 10 year mark has to do with the Defense Finance and Accounting Service (DFAS) paying the spouse a check directly. If the parties had been married less than 10 years, the non-member would still be entitled to a portion of the retirement, the military member would have to pay it directly to the spouse; DFAS would not be involved.

    So, for a 13 year, marriage, the daughter would be entitled to a portion of however many years she and the servicemember were married while he was serving.

    Now, if this is not a military situation, she simply needs to hire a family law attorney in SC and file for either a divorce (if there is statutory ground to support one AND if she desires one) or a petition for an order of separate support and maintenance and seek temporary relief, so that she can support herself until she gets on her feet.

    **This response is provided for information purposes only. It is not intended to create the attorney-client relationship. Please consult a qualified family law attorney about your specific matter.

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  • How do get a divorce if he moved back to his country?

    We were married in the court house in marietta, ga, after 1 month he went back to his country and is not coming back....we have no kids, nothing , not a house no bank account together, nothing...

    Kim’s Answer

    To qualify for the no fault ground in SC, you will have to remain separated for a period in excess of one year from your husband. If you are still apart after that year, and the last place you resided together was in SC, you can file for divorce in that county in SC. If you cannot locate your husband to accept service of the divorce papers, you will have to have him served by publication. An attorney can assist you with these matters.

    **This information does not constitute legal advice. It is for informational purposes only and is not intended to establish an attorney-client relationship. Please consult a qualified family law attorney about your specific situation.

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  • I need to establish child support after the divorce has been finalized.

    In the initial divorce settlement I was blackmail into not mentioning support payment or the deal was off. Now I need it. We have joint/ shared custody. I was told by a SC lawyer that there is no such thing as shared custody. If you have "pri...

    Kim’s Answer

    Shared custody does exist in SC. Child support is calculated according to state guidelines based on both parties' incomes, additional factors, plus the number of overnights the children spend in each parties' home. If your incomes have changed since the divorce, it would be worth your while to seek a consultation with an attorney to see where you stand. A qualified attorney can tell you what a "ballpark" support figure should look like so that you can make an intelligent decision. Be sure you seek out some one who practices family law regularly.

    ** This response is provided for informational purposes only and should not be construed as legal advice. There is no intent to form an attorney-client relationship by the communication of this information. Be sure to consult with a licensed attorney regarding your specific legal matter.

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  • How can I file for custody of my sister's child in the state of South Carolina?

    My sister's baby's father is not on his birth certificate and he lives in another state. She wants to give custody of her son to me. She has applied for child support for the child. Is there anything that I can do on my end in order to receive ful...

    Kim’s Answer

    The first thing you have to know is that a family court judge in SC is going to be concerned about what is in this child's best interest. He or she will want to know why this child's parents are unable to care for him or her at this time. He or she will also want to know why you are the most fit person to be trusted with this child.

    If you can come up with compelling answers to these questions, a family court judge may grant you temporary custody. It will help if your sister is willing to support your petition for custody. The judge may also appoint a guardian ad litem (GAL) to represent the child's interest in this matter. The GAL would investigate this matter and make a report to the Court later. After receiving that report, the judge would make a final decision on your custody petition at a later hearing.

    **This answer is provided for information only. Please consult a licensed attorney about your specific legal matter.

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  • Married, not pending divorce or legally separated

    A couple is married living in separate states. can the husband come take his son to the state his living without the mother's consent? There is no court order on the custody of the child.

    Kim’s Answer

    You should be very careful with this situation. SC law holds that when there is no court order in place either parent has the right to custody of the child and has the right to take that child wherever he or she desires. However, you cannot go into a location and remove your child in such a manner that would cause a breach of the peace. So, if you walked into your spouse's house and a big argument breaks out and she attempts to physically stop you from removing the child and/or law enforcement is summoned, chances are you will be asked to remove yourself from her home. If you refuse to do so, you will most likely find yourself under arrest for refusing to obey the law enfocement officer's lawful instructions. So, once again, technically, yes, you both have equal rights to the child. But, you have to be able to remove the child without a breach of the peace.

    **This answer should not be substituted for legal advice. You should consult a licensed attorney about your specific legal matter.

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