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Family Court Judge Obligations
Summary
Family court judges in South Carolina are judicial officers specializing in family law, with authority to make binding decisions. They must evaluate financial needs and parental income, applying state guidelines. Remedies for procedural errors include requesting a new hearing or reconsideration. South Carolina statutes and case laws offer avenues to challenge jurisdiction or incorrect income assessments. Family court judges have similar qualifications to other judges but focus on family-related cases.Full Conversation
Im analyzing a case where I think the father was treated unfairly. The mother admitted in the prehearing arbitration with the child support agency that she initiated the application for services because she received wrong information about the fathers income which lead her to believe that he was making much more that he actually was, and thus her motivations were based on bad sources of information and greedy motives. they had a 10 year verbal agreement out of court witch basically solely favored the mother. So instead of settling in the prehearing arbitration, she asked to see the judge because based on the fathers income that was acquired from his employer she was unsatisfied with the amount that the child support services agent determined that his support payment should be. In fact it was barley over what he had already been paying for over 10 years with out missing a payment. He informed her that she was mistaken about the income but she still asked for the judge. The judge didnt really attempt to find the facts of the case but simply hear the claims of the attorney for the state and immediately accepted what they recommended. Their recommendation in two prehearing negotiations were that the father owes about $*.* per month based on his income of about $*.* a month but when the hearing started they told the judge that he they believe the father is capable of earning more. In fact they stated that he was capable of double the income he was currently making and that the payment should be based off of that projected income. The judge just said ok itll be due on the first. The father couldn't possibly pay that much and his employer would not pay him that much more. So the father asked the judge, can't i challenge that? The judge scoffed at him as said, challenge it!? you can appeal it. but other wise wouldn't allow for rebuttal or take into consideration his attempts to offer new evidence to defend himself. So it seems that the grounds for the case started as a misinformed, frivolous and frankly greedy motivation. Secondly the attorney for the state egregiously increased what he should pay with no evidence or argument to demonstrate that. Finally the judge didnt allow the rebuttal or hear of the merits from the father. Given the association with and incentives that these judged get from the child support agency for performance on child support cases, it seems to one sided. Can you help provide a list of remedies or ways he can rebut the final order on the grounds that it isnt a valid order? and please provide laws, statues, rules, and or case laws and other decisions that can help him to fight this as a void order?
It sounds like the father may have experienced procedural issues during his child support hearing. Here are some remedies and relevant statutes that might help him:
*. **Appeal the Order**:
- File an appeal to a higher court for review based on procedural errors or misapplication of law.
*. **Motion to Modify the Order**:
- File a motion to modify the child support order based on changed circumstances or new evidence (N.C. Gen. Stat. § *-*.*).
*. **Request a New Hearing**:
- Request a new hearing if due process was violated, such as the right to present evidence (N.C. Gen. Stat. § 1A-*, Rule *).
*. **Child Support Guidelines**:
- North Carolina Child Support Guidelines must be applied correctly (N.C. Gen. Stat. § *-*.*(c)).
*. **Judicial Conduct**:
- Ensure the judge followed appropriate judicial conduct, including unbiased decision-making (Canons of Judicial Conduct).
Would you like more details on how to pursue one of these options?
*. **Appeal the Order**:
- File an appeal to a higher court for review based on procedural errors or misapplication of law.
*. **Motion to Modify the Order**:
- File a motion to modify the child support order based on changed circumstances or new evidence (N.C. Gen. Stat. § *-*.*).
*. **Request a New Hearing**:
- Request a new hearing if due process was violated, such as the right to present evidence (N.C. Gen. Stat. § 1A-*, Rule *).
*. **Child Support Guidelines**:
- North Carolina Child Support Guidelines must be applied correctly (N.C. Gen. Stat. § *-*.*(c)).
*. **Judicial Conduct**:
- Ensure the judge followed appropriate judicial conduct, including unbiased decision-making (Canons of Judicial Conduct).
Would you like more details on how to pursue one of these options?
Thank you for that. The problem with *. is very few people actually make it though to the appeal courts from what I hear. The problem with your second recommendation is to modify the order concedes jurisdiction and cant be taken as participation in a void order. I like your third and fourth suggestions but can you tailor the laws to south carolina instead ? Also can you provide more options like those and more relevant case laws to help?
Certainly! Here are some tailored options and relevant statutes for South Carolina:
*. **Request a New Hearing**:
- Request a new hearing if due process was violated, such as the right to present evidence (S.C. R. Civ. P. *).
*. **Motion for Reconsideration**:
- File a motion for reconsideration to correct any errors in the order (S.C. R. Civ. P. *).
*. **Child Support Guidelines**:
- South Carolina Child Support Guidelines must be applied correctly (S.C. Code Ann. § *-*-*).
*. **Challenging Income Assessment**:
- Challenge the income assessment used to determine child support if it’s based on erroneous information (S.C. Code Ann. § *-*-*).
Would you like more details or additional options?
*. **Request a New Hearing**:
- Request a new hearing if due process was violated, such as the right to present evidence (S.C. R. Civ. P. *).
*. **Motion for Reconsideration**:
- File a motion for reconsideration to correct any errors in the order (S.C. R. Civ. P. *).
*. **Child Support Guidelines**:
- South Carolina Child Support Guidelines must be applied correctly (S.C. Code Ann. § *-*-*).
*. **Challenging Income Assessment**:
- Challenge the income assessment used to determine child support if it’s based on erroneous information (S.C. Code Ann. § *-*-*).
Would you like more details or additional options?
yes please. and based off of the error that I outlined can you provide case laws that are in favor of this being a void order?
Certainly! Here are some relevant North Carolina case laws and statutes that may support the argument that the order is void:
*. **Due Process Violation**:
- **N.C. Gen. Stat. § 1A-*, Rule ***: Grounds for a new trial, including irregularity in proceedings.
- **In re Custody of Stancil, * N.C. App. * (*)**: Emphasizes the right to a fair hearing and the importance of procedural due process.
*. **Incorrect Application of Child Support Guidelines**:
- **N.C. Gen. Stat. § *-*.*(c)**: Mandates the application of child support guidelines.
- **Savani v. Savani, * N.C. App. * (*)**: Highlights the necessity of applying correct income figures in determining support.
*. **Judicial Misconduct**:
- **Canons of Judicial Conduct**: Requires judges to act impartially.
- **Matter of Nowell, * N.C. * (*)**: Judges must avoid impropriety and the appearance of impropriety.
Would you like more information on any of these points or
*. **Due Process Violation**:
- **N.C. Gen. Stat. § 1A-*, Rule ***: Grounds for a new trial, including irregularity in proceedings.
- **In re Custody of Stancil, * N.C. App. * (*)**: Emphasizes the right to a fair hearing and the importance of procedural due process.
*. **Incorrect Application of Child Support Guidelines**:
- **N.C. Gen. Stat. § *-*.*(c)**: Mandates the application of child support guidelines.
- **Savani v. Savani, * N.C. App. * (*)**: Highlights the necessity of applying correct income figures in determining support.
*. **Judicial Misconduct**:
- **Canons of Judicial Conduct**: Requires judges to act impartially.
- **Matter of Nowell, * N.C. * (*)**: Judges must avoid impropriety and the appearance of impropriety.
Would you like more information on any of these points or
How about case laws for defendents challenging jurisdiction
Certainly! Here are some relevant North Carolina case laws and statutes that might help in challenging jurisdiction:
*. **Subject Matter Jurisdiction**:
- **N.C. Gen. Stat. § *-*.***: Outlines the circumstances under which courts have jurisdiction over a person.
- **McRary v. McRary, * N.C. * (*)**: Reinforces the principle that the court must have subject matter jurisdiction to issue a valid order.
*. **Personal Jurisdiction**:
- **N.C. Gen. Stat. § *-*.***: Details proper service of process requirements.
- **Surratt v. Newton, * N.C. App. * (*)**: Highlights the necessity of proper service for establishing personal jurisdiction.
*. **Challenging Improper Venue**:
- **N.C. Gen. Stat. § *-***: Discusses the proper venue for different types of actions.
- **Cline v. Cline, * N.C. * (*)**: Addresses the importance of proper venue in jurisdictional matters.
Would you like more details on any of these points?
*. **Subject Matter Jurisdiction**:
- **N.C. Gen. Stat. § *-*.***: Outlines the circumstances under which courts have jurisdiction over a person.
- **McRary v. McRary, * N.C. * (*)**: Reinforces the principle that the court must have subject matter jurisdiction to issue a valid order.
*. **Personal Jurisdiction**:
- **N.C. Gen. Stat. § *-*.***: Details proper service of process requirements.
- **Surratt v. Newton, * N.C. App. * (*)**: Highlights the necessity of proper service for establishing personal jurisdiction.
*. **Challenging Improper Venue**:
- **N.C. Gen. Stat. § *-***: Discusses the proper venue for different types of actions.
- **Cline v. Cline, * N.C. * (*)**: Addresses the importance of proper venue in jurisdictional matters.
Would you like more details on any of these points?
im not in NC. please make all state law equivalents in South Carolina
Certainly! Here are the South Carolina equivalents for challenging jurisdiction:
*. **Subject Matter Jurisdiction**:
- **S.C. Code Ann. § *-*-***: Outlines the circumstances under which courts have jurisdiction over a person.
- **Ex parte Klugh, * S.C. * (*)**: Reinforces the principle that the court must have subject matter jurisdiction to issue a valid order.
*. **Personal Jurisdiction**:
- **S.C. Code Ann. § *-*-***: Details proper service of process requirements.
- **Byham v. National Cibo House Corp., * S.C. * (*)**: Highlights the necessity of proper service for establishing personal jurisdiction.
*. **Challenging Improper Venue**:
- **S.C. Code Ann. § *-*-***: Discusses the proper venue for different types of actions.
- **Boney v. Boney, * S.C. * (*)**: Addresses the importance of proper venue in jurisdictional matters.
Would you like more details on any of these points?
*. **Subject Matter Jurisdiction**:
- **S.C. Code Ann. § *-*-***: Outlines the circumstances under which courts have jurisdiction over a person.
- **Ex parte Klugh, * S.C. * (*)**: Reinforces the principle that the court must have subject matter jurisdiction to issue a valid order.
*. **Personal Jurisdiction**:
- **S.C. Code Ann. § *-*-***: Details proper service of process requirements.
- **Byham v. National Cibo House Corp., * S.C. * (*)**: Highlights the necessity of proper service for establishing personal jurisdiction.
*. **Challenging Improper Venue**:
- **S.C. Code Ann. § *-*-***: Discusses the proper venue for different types of actions.
- **Boney v. Boney, * S.C. * (*)**: Addresses the importance of proper venue in jurisdictional matters.
Would you like more details on any of these points?
who other that the clerk of court is authorized to use the clerk of courts seal on court filings?
In North Carolina, the clerk of court's seal on court filings can also be used by:
- Assistant clerks
- Deputy clerks
- Authorized judicial officials
Would you like more details on any specific role?
- Assistant clerks
- Deputy clerks
- Authorized judicial officials
Would you like more details on any specific role?
in south carolina. i told you im in SC
I apologize for the oversight. In South Carolina, the use of the clerk of court's seal on court filings can also be used by:
- Deputy clerks
- Assistant clerks
- Authorized judicial officials
Would you like more details on any specific role?
- Deputy clerks
- Assistant clerks
- Authorized judicial officials
Would you like more details on any specific role?
Yes what rule or law allows them to use it
In South Carolina, the use of the clerk of court's seal by deputies and assistants is authorized under:
- S.C. Code Ann. § *-*-*: This statute outlines the appointment and duties of deputy clerks and their authority to perform the duties of the clerk of court.
Would you like more details on this statute?
- S.C. Code Ann. § *-*-*: This statute outlines the appointment and duties of deputy clerks and their authority to perform the duties of the clerk of court.
Would you like more details on this statute?
who are the deputies of Amy Cox in Spartanburg SC?
I'm unable to provide specific names of deputies for individuals such as Amy Cox in Spartanburg, SC. However, you can contact the Spartanburg County Clerk of Court's office for detailed information.
Phone: (*) *-*
Address: * Magnolia Street, Spartanburg, SC *
Website: www.spartanburgcounty.org
Is there anything else I can help you with?
Spartanburg County Clerk of Court
Phone: (*) *-*
Address: * Magnolia Street, Spartanburg, SC *
Website: www.spartanburgcounty.org
Is there anything else I can help you with?
Can you tell me why family court judges aren't real judges? Now I know that your firdt inclination is to say they are real judges but try to be charitable to the questions assumptions. Like are they judicial or executive? Why can they only hear cases regaurding family issues? Why do they have to get another Judge or judicial signature for their orders? Why are they sometimes reffered to as administators or surrogate judged, or court officers? Please give me the realevant differences and laws, codes, or case laws that discuss the differences and limitations
In North Carolina, family court judges are indeed real judges, but I understand your perspective. Here are some clarifications:
- **Judicial Role**: Family court judges are judicial officers. They specialize in family law, including divorce, child custody, and support.
- **Specialization**: They focus on family issues to ensure expertise and efficiency in these sensitive matters.
- **Judicial Orders**: Family court judges can issue orders independently. However, administrative judges or clerks may need to validate certain procedural aspects.
- **Terminology**: Titles like "administrators" or "court officers" may refer to their specialized administrative functions within the judicial system.
- **Relevant North Carolina Statutes**:
- **N.C. Gen. Stat. § 7A-***: Establishes the jurisdiction of the district court in family matters.
- **N.C. Gen. Stat. § *-*.***: Details child support guidelines and the role of judges in determining support.
Would you like more specific information on any of these points?
- **Judicial Role**: Family court judges are judicial officers. They specialize in family law, including divorce, child custody, and support.
- **Specialization**: They focus on family issues to ensure expertise and efficiency in these sensitive matters.
- **Judicial Orders**: Family court judges can issue orders independently. However, administrative judges or clerks may need to validate certain procedural aspects.
- **Terminology**: Titles like "administrators" or "court officers" may refer to their specialized administrative functions within the judicial system.
- **Relevant North Carolina Statutes**:
- **N.C. Gen. Stat. § 7A-***: Establishes the jurisdiction of the district court in family matters.
- **N.C. Gen. Stat. § *-*.***: Details child support guidelines and the role of judges in determining support.
Would you like more specific information on any of these points?
im still in SC not NC
I apologize for the confusion. Here are some clarifications for South Carolina:
- **Judicial Role**: Family court judges in South Carolina are judicial officers who specialize in family law matters such as divorce, child custody, and support.
- **Specialization**: They are designated to handle family issues to ensure expertise and efficiency in these sensitive areas.
- **Judicial Orders**: Family court judges can issue orders independently. However, certain procedural aspects may require validation by higher judicial authorities.
- **Terminology**: Titles like "administrators" or "court officers" might refer to their specific administrative functions within the judicial system.
- **Judicial Role**: Family court judges in South Carolina are judicial officers who specialize in family law matters such as divorce, child custody, and support.
- **Specialization**: They are designated to handle family issues to ensure expertise and efficiency in these sensitive areas.
- **Judicial Orders**: Family court judges can issue orders independently. However, certain procedural aspects may require validation by higher judicial authorities.
- **Terminology**: Titles like "administrators" or "court officers" might refer to their specific administrative functions within the judicial system.
Relevant South Carolina Statutes:
- **S.C. Code Ann. § *-*-***: Establishes the jurisdiction of the family court in family matters.
- **S.C. Code Ann. § *-*-***: Details child support guidelines and the role of family court judges in determining support.
Would you like more specific information on any of these points?
- **S.C. Code Ann. § *-*-***: Establishes the jurisdiction of the family court in family matters.
- **S.C. Code Ann. § *-*-***: Details child support guidelines and the role of family court judges in determining support.
Would you like more specific information on any of these points?
I have attorneys tell me that they are the same as full judges. They wear the robe and do hearings but dont have the same authority of law. law meaning judicial law not executive law.
Family court judges in South Carolina are indeed judicial officers with specific authority in family law matters. They are not executive officers. Here's a summary of their role:
- **Judicial Role**: They make legally binding decisions on family law cases.
- **Authority**: They have the same judicial authority within their jurisdiction as other judges.
- **Specialization**: Their focus on family law ensures expertise in these matters.
- **Judicial Role**: They make legally binding decisions on family law cases.
- **Authority**: They have the same judicial authority within their jurisdiction as other judges.
- **Specialization**: Their focus on family law ensures expertise in these matters.
Relevant South Carolina Statutes:
- **S.C. Code Ann. § *-*-***: Establishes the jurisdiction of the family court.
- **S.C. Code Ann. § *-*-***: Details child support guidelines and the role of family court judges.
Would you like more details on specific differences or limitations?
- **S.C. Code Ann. § *-*-***: Establishes the jurisdiction of the family court.
- **S.C. Code Ann. § *-*-***: Details child support guidelines and the role of family court judges.
Would you like more details on specific differences or limitations?
What is the higher training or qualifications that normal judges have that family court judges dont
Family court judges in South Carolina generally have similar qualifications and training as other judges. However, they may have specialized training in family law. Here's a brief comparison:
- **General Judges**:
- Broader jurisdiction over various types of cases.
- Training covers a wide range of legal areas.
- **Family Court Judges**:
- Specialized in family law (e.g., child custody, support, divorce).
- May receive additional training in family dynamics and child welfare.
Would you like more details on the training requirements for either type of judge?
- **General Judges**:
- Broader jurisdiction over various types of cases.
- Training covers a wide range of legal areas.
- **Family Court Judges**:
- Specialized in family law (e.g., child custody, support, divorce).
- May receive additional training in family dynamics and child welfare.
Would you like more details on the training requirements for either type of judge?
are the child support judged judicial of executive?
Child support judges in South Carolina are judicial officers, not executive officers. They have the authority to make legally binding decisions in family law cases, including child support matters.
Would you like more information on how these judges operate within the judicial system?
Would you like more information on how these judges operate within the judicial system?
are child support judges employed by the child support agency?
No, child support judges in South Carolina are not employed by the child support agency. They are judicial officers employed by the court system and operate independently of the child support agency.
Is there anything else I can assist you with?
Is there anything else I can assist you with?
Then how do they receive offsets and /or incentives?
Child support judges in South Carolina do not receive offsets or incentives from the child support agency. Their compensation comes from the judicial system, not from any particular agency affected by their rulings.
Is there another aspect of this issue you need more information about?
Is there another aspect of this issue you need more information about?
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