South Carolina Motion and Affidavit in Support of Termination of Child Support Based on Emancipation is a legal document used to terminate the obligation of one parent to pay child support when the child has become emancipated. This document can be filed in South Carolina Family Court and is generally used when the child has become financially self-sufficient or has reached the age of majority. There are two types of South Carolina Motion and Affidavit in Support of Termination of Child Support Based on Emancipation: (1) Motion for Termination and (2) Affidavit for Termination. The Motion for Termination is the legal document that requests the court to terminate the obligation of the parent to pay child support. The Affidavit for Termination is the legal document that provides information to the court that the child has become emancipated. It is important to note that the Affidavit for Termination must be signed by both the parent who is requesting termination of the child support obligation and the parent who is receiving the child support payments.
South Carolina Motion and Affidavit in Support of Termination of Child Support Based on Emancipation
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FAQ
A Motion for Order to Show Cause asks the court for specific relief. The relief being requested can relate to many areas of family law. When a party files a Motion for Order to Show Cause, the court sets a hearing date for the parties to argue the matter before a family law judge.
Most parents are able to come to an agreement on the child support obligation amicably using the child support guidelines; however, for those parents that cannot reach an agreement, family court judges can hear both parents to determine a fair amount of child support.
SOUTH CAROLINA FAMILY COURT RULE 14 - RULE TO SHOW CAUSE In its most basic form, a Rule to Show Cause hearing is an action claiming contempt of court. It is a legal action where the complaining party is alleging that the other party is acting in violation of a previous court order issued by the Family Court.
The enforcement powers of the Family Court are known as the ?Contempt Powers,? and are outlined by the South Carolina Code of Laws as follows: (1) up to one year in prison, (2) a fine up to $1,500, and/or (c) up to 300 hours of community service.
You may stop paying child support when you receive a signed order from a family court judge ending your responsibility to pay child support. You can request to stop your child support payments because your child is emancipated (e.g., your child has turned 18, is married, becomes self-supporting, etc.).
(a) Before Action. (1) Petition. A person who desires to perpetuate his own testimony or that of another person regarding any matter that may be cognizable in any court of the State may file a verified petition in the court in the Circuit of the residence of any expected adverse party.
The rule to show cause shall be served with the supporting affidavit or verified petition by personal delivery of a duly filed copy thereof to the responding party by the Sheriff, his deputy or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action.
To be an admissible Affidavit, the acknowledgment must be sworn to be true and correct to the best personal knowledge of the affiant. Furthermore, the affiant must declare that the statements contained in the Affidavit are true and correct under penalties of perjury.