Motion for Temporary Relief - South Carolina

This is a discussion on Motion for Temporary Relief - South Carolina within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; South Carolina. Hi. I was served with motion for temporary relief papers on August 17th, 2011. The hearing is scheduled ...

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Old Aug 29th, 2011, 10:06 PM   #1
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South Carolina. Hi. I was served with motion for temporary relief papers on August 17th, 2011. The hearing is scheduled for August 31st. There are no children of this marriage. It was my belief that the plaintiff and I had reached a settlement agreement (regarding property, no alimony etc.) prior to this date, on or around April, which she sent to me by e-mail and we also verbally agreed on. Also her lawyer filed the same agreement but filed the papers in the wrong county. ( no agreement was signed by either party) Boy was I suprised when the papers that I was served on the 17th were completely different than what we had agreed on. She is now asking for alimony, I became unemployed in June ( even when I was employed she made aprox. $16,000 more a year than me). Is it possible that the judge grant her petition for me to pay her spousal support?
Also can I use the papers that were filed by her attorney (although in the wrong county) as evidence to show that we had reached an agreement?
Because I thought all issues had previously been settled I had not retained an attorney, and as of this time, I can not afford to retain one before the hearing date. I called the Clerk of Court to ask for a postponement but was told her attorney would have to do that. I spoke to the plaintiff early last week, who again changed and said that her attorney said it would be better and save time if we could settle this ourselves. She told me she would consider going back to the original agreement if I paid her $7,000, which I do not have so I offered her non-marital property valued at about $5,000. She said she would let me know, and of course today, two days before the hearing she says she is not agreeable to that. I know the papers say I have thirty days to respond to the complaint so does that mean when I go to the hearing that the judge may grant me time to retain an attorney?
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Old Aug 29th, 2011, 10:58 PM   #2
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Default Re: Motion for Temporary Relief - South Carolina

I wish to inform you that you may object to other parties demand. In this as income of other party is more thus you may object to spousal support. Spousal support is granted so that spouse can overcome financial hardship and when one person is earning more income thus that person may not be eligible. You may also make a counter claim and demand spousal support. Court will decide on the basis of information presented before court. Agreement which was entered by you may be informed to court but that agreement may not be forced as that had not been approved by court.

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Old Aug 30th, 2011, 11:17 AM   #3
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Default Re: Motion for Temporary Relief - South Carolina

Spousal support is based upon need, rehabilitation so to speak so the other spouse can get back on their feet. It is usually ordered in a marriage of long duration where the other spouse has not been gainfully employed and needs temporary support to get back into the employment market.

From what you state, spousal support is not indicated for her -- but perhaps for you since you are currently unemployed. You might want consider such a reply in your answer.

Settlement attempts cannot be introduced as evidence.

You may ask for a continuance, an extension of time to obtain counsel and since you are right up against the hearing date.
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