You will need to talk to a lawyer that is licensed in South Carolina to receive advice on those matters.
Good luck!
Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax NCdivorce.com
email: sstanback@rosen.com
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I had a court appearance in 1998 for child support in South Carolina, and during the hearing my ex-wife brought up the issue of a sears bill that she opened in my name without my consent while we were married. I was a authorized user. I used the card and paid the bill. I admitted in court that it as my responsibility. The judge did not include this bill as child support. A few months later I had to file Chapter 7 and the sears bill was discharged along with all my other bills including her attorney fees. A year later another court hearing was held, the ex-wife claimed that she did not know about the discharge, which is bogus, she was listed and she received the notice from the Bankruptcy court in NC. I retained a lawyer in NC and he informed me not to go to the court hearing because the debt was discharged by the Federal Bankruptcy court. The judge in SC found that I was in contempt of court for the sears bill. I filed to end child support, and the received notice child support will end in Oct 03. Now that my daughter is in college under a full scholarship I received a summons to appear for this contempt of court and to try and make me pay for my daughters education which is free.
My questions are;
Should I go to court in SC for this contempt of court hearing, ( I don’t have the money for a lawyer)?
If I do go to court, can my defense for not showing up for the hearing is that the lawyer advise me not to do so. I do have it in writing from the lawyer.
If I don’t go, will I have to continue to pay child support, although I have a order that terminates child support in Oct, and what could happen.
Also, this is the 4th time I have been summoned to Sc in the last 4 years. How can I stop my ex and her attorney from harassing me with all of these false accusations.