Columbia Family Law Attorney

Columbia, SC Family Lawyer

Columbia is the capital city of South Carolina. It is the home of the South Carolina State House and the second-largest city in the state. The name of the city is derived from the famous explorer Christopher Columbus. The city is located in the heart of the state and is nicknamed “Soda City” because its name is often abbreviated to cola. Columbia is vibrant with the state government operating out of the city and the more than 135,000 residents that live there.

There is always a need for legal services in the city, but not all reasons for needing legal counsel are bad. Lawyers are often needed for personal injury cases, divorces, child support, car accidents, workplace accidents, and more. These legal matters are complex and the law that dictates them is constantly evolving. So, having a Columbia family law attorney to represent you in these matters is vital to protecting your rights and interests.

Why Choose the Law Office of Charles T. Brooks III?

Since 1996, our family law firm has provided legal services to clients in and around Columbia. We understand the importance of protecting your parental rights and key assets during a divorce. That is why we provide exceptional legal services for a wide range of family law-related matters.

Family law cases can be emotional ordeals. They normally leave clients unsure about how their lives will be after their divorce or custody case. However, when you work with an experienced family law attorney, you can trust them to assert your rights and make sure your interests are considered by the courts. With legal representation from the Law Office of Charles T. Brooks III, you can move on with your life with confidence.

Child Support Attorney for Columbia, SC

At the Law Office of Charles T. Brooks III, our child support attorneys are passionate about making a difference in the lives of children. We are here to support you through the legal process and provide guidance. Contact us today to schedule a consultation and take the first step toward securing your child’s financial well-being.

Before a judge finalizes a divorce, they will want to see that any children from the marriage have the financial support they need for their education and general welfare. One important source of support may come from child support, which is determined based on many factors, such as:

• Each parent’s income and earning potential
• The number of children requiring support
• Custody arrangements and the amount of time each parent spends with the child
• The child’s healthcare needs
• Daycare expenses
• Any special needs
• The standard of living the child was accustomed to before the divorce
• Contributions each parent makes toward the child’s well-being, beyond direct financial payments
• Whether either parent is unemployed

Often, the parent who earns considerably more is responsible for paying child support to the other parent. The idea isn’t to completely equalize the earnings of both parents but to make the living situation for both homes more equitable. It also reduces the financial burden of child-rearing for the parent who is allotted more parenting time.

Child support payments are one of the most common outcomes of a divorce, although both parents have the opportunity to make arguments for or against the payments. The courts have a vested interest in seeing that the children are provided with material support. Once established, child support payments are strictly enforced by the state, and failure to make timely payments can lead to enforcement actions and the imposition of penalties.

Child Custody in Columbia

Family law governs how parental rights are established and enforced. During a divorce, both parents have the opportunity to come to an agreement regarding child custody. Legal custody refers to the decision-making authority one or both parents have over their child.

Where a child goes to school, which doctor they see, and whether they undergo religious training are all important decisions made by the parent or parents who have legal custody over the child. Legal custody can be held jointly by both parents or solely by one parent.

Physical custody determines where the child resides. When both parents share joint physical custody over a child, that child will have two loving homes to split their time between. In other cases, a child may have a primary residence while still having visitation time with the other parent. Most cases are resolved with some form of joint custody, although there are rare situations where one parent may be awarded sole legal and physical custody over a child.

Understanding Spousal Support

Spousal support, which is also known as alimony, refers to court-ordered financial assistance paid by one former spouse to another former spouse. Spousal support is not always ordered during or after a divorce, but a judge may consider awarding spousal support based on the earning capacity of both parties and other considerations.

There are various types of spousal support, and some payment arrangements last longer than others.  Permanent spousal support is less common. This type of alimony may be awarded in long-term marriages, particularly if one spouse is elderly or unable to work.

Rehabilitative alimony refers to temporary financial support that helps one spouse gain employment-related training. Alimony can also be awarded as a form of reimbursement. One example would be payments that compensate one spouse for financial contributions to the other party’s education. In some cases, a lump-sum payment can be made in lieu of monthly payments. It is important to remember that spousal support is not awarded as commonly as child support. In some cases, a judge may order spousal support for the duration of a divorce only.

Dividing Marital Estates

South Carolina follows the legal principle of equitable distribution. Under this framework, assets are divided fairly but not necessarily equally between spouses. Early in a divorce, both spouses begin to divide property into two areas: marital and separate property.

Marital property is subject to equitable division through the courts. Any property, assets, or debts acquired during marriage are considered marital property. Separate property is not subject to division during a divorce because those assets and debts are owned outright by one party. Gifts, inheritances, and anything bought before marriage are considered separate property.

The burden of proving that property is separately owned by one party typically falls on that party. Past receipts and other forms of evidence can be used to prove that you owned an asset or property before your marriage or received it as a gift afterward.

If both parties can come to an agreement about the division of a marital estate, the courts will generally honor those decisions as long as they are fair to both parties. If one party fails to disclose their assets and properties, that can lead to penalties and other consequences.

The Role of Mediation in Divorce

Divorces where both parties work collaboratively throughout the process are known as uncontested divorces. Many divorces, unfortunately, become delayed when one or both parties fail to make compromises on important matters, like child support and the division of the marital estate. When those differences become intractable obstacles, mediation offers one way forward.

Mediation is a less adversarial alternative to litigation. It is also often less expensive than going to trial. During a mediation session, both parties commit a half day, a full day, or multiple days to work with a neutral third party, known as the mediator.

By bringing in a third party, mediation can reduce the high emotions commonly associated with a divorce. The mediator does not take sides and facilitates compromise. If both parties can resolve all outstanding areas of disagreement, the mediated agreement can become a legally enforceable settlement upon court approval.

Modifying and Enforcing Court Orders

A signed court order may have the effect of finality, but there are times when one or both parties may need to seek a modification to that order. Court orders may need modifications due to changes in income, relocation, or unforeseen circumstances. To request a modification, the party must show a substantial change in circumstances that justifies the revision.

Enforcing court orders becomes necessary when a party fails to comply with them, such as missing support payments or violating custody agreements. Legal options include filing a motion for enforcement or seeking contempt of court charges. Courts can impose penalties, wage garnishments, or other measures to ensure compliance.

FAQs

Q: How Much Does a Family Lawyer Cost in Columbia?

A: The cost of hiring a family lawyer in South Carolina varies based on the complexity of the case, the attorney’s experience, and the fee structure. Some lawyers charge hourly rates, while others offer flat fees for certain services. Additional costs may include court fees and document filing expenses. An attorney can provide a clearer estimate based on your specific needs.

Q: What Is the Difference Between a Family Law Attorney and a Divorce Attorney?

A: A divorce attorney focuses primarily on legal matters related to ending a marriage, including property division and spousal support. A family law attorney handles a broader range of legal issues, including child custody, adoption, guardianship, and domestic violence cases. While all divorce attorneys practice family law, not all family law attorneys exclusively handle divorce cases.

Q: What Issues Does a Family Law Attorney Handle Besides Divorce?

A: Family law attorneys handle a variety of legal matters beyond divorce, including child custody and support, alimony, prenuptial agreements, adoption, and guardianship. They also assist with legal protections in domestic violence cases and modifications to existing court orders. Family law covers many aspects of relationships, ensuring the legal protection and resolution of various family-related disputes.

Q: How Is Child Custody Determined in Columbia?

A: Child custody decisions in South Carolina are based on the interests of the child. Courts will analyze factors such as the child’s relationship with each parent, parental stability, and the parents’ ability to provide a safe environment. Judges may also consider the child’s preference if they are old enough. Both legal and physical custody arrangements are determined based on these factors.

Q: Do You Need a Lawyer for a Child Support Case in Columbia?

A: While it’s not required, having a lawyer in a child support case can be beneficial. A family law attorney ensures accurate calculations, represents your interests in court, and helps modify existing support orders if circumstances change. Legal representation can be especially important if disputes arise over income, custody, or the enforcement of payments.

Contact Our Law Office Today!

The Law Office of Charles T. Brooks provides professional legal counsel to clients throughout the Columbia, SC area. We specialize in several areas of law including family law, criminal law, and personal injury law. Our licensed and experienced lawyer is here to help you in all these legal areas. Our family court attorney can help with child support disputes, divorce, and child custody. Our personal injury lawyer can help victims of car accidents, workplace injuries, and slip-and-fall accidents receive the financial compensation they deserve. Contact us today to schedule your personal consultation!