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Involuntary Dismissal Family Court
Summary
An involuntary dismissal in South Carolina family court occurs when the court terminates a case without the plaintiffs agreement, often due to lack of evidence or non-compliance. A motion for dismissal by stipulation involves both parties agreeing to end the case, which can be with or without prejudice. The 365-day limit for case resolution can be extended, and if exceeded without action, the case may be dismissed. Temporary child support orders generally remain effective until replaced by a final order. Changes in the plaintiffs financial situation, such as supporting additional children, may warrant modifying a temporary order. For specific advice, consulting a local attorney is recommended.Full Conversation
hello, what is an involuntary dismissal in a family court case is south carolina
Hello ****, in South Carolina, an involuntary dismissal in a family court case is when the court terminates a case without the plaintiff's agreement. This usually happens when:
- The plaintiff fails to present evidence supporting their claims.
- The plaintiff fails to comply with court rules or orders.
- The plaintiff does not prosecute the case in a reasonable time.
- The plaintiff fails to present evidence supporting their claims.
- The plaintiff fails to comply with court rules or orders.
- The plaintiff does not prosecute the case in a reasonable time.
ok... thanks, what is a motion for dismissal by plaintiff by stipulation in south carolina?
In South Carolina, a motion for dismissal by plaintiff by stipulation means:
- The plaintiff and defendant agree to end the case.
- Both parties must sign the agreement.
- It must be submitted to the court for approval. If approved, the case is dismissed.
- The plaintiff and defendant agree to end the case.
- Both parties must sign the agreement.
- It must be submitted to the court for approval. If approved, the case is dismissed.
would that be with or without prejudice in south carolina?
In South Carolina, a dismissal by stipulation can be with or without prejudice:
- With prejudice means the case is permanently dismissed and cannot be brought back to court.
- Without prejudice allows the plaintiff to bring the case back to court in the future.
The parties decide and specify this in their agreement.
- With prejudice means the case is permanently dismissed and cannot be brought back to court.
- Without prejudice allows the plaintiff to bring the case back to court in the future.
The parties decide and specify this in their agreement.
could this also be done with plaintiff wishing to dismiss a rtsc the defendant must answer considering the 365 day mark has passed and there is no final order in place
In South Carolina:
- A plaintiff can seek to dismiss a Rule to Show Cause (RTSC) even if the defendant has not answered.
- The *-day limit is applicable, but if there's no final order, the case may still continue.
- The dismissal can be with or without prejudice. The court decides based on the specifics of the case.
- A plaintiff can seek to dismiss a Rule to Show Cause (RTSC) even if the defendant has not answered.
- The *-day limit is applicable, but if there's no final order, the case may still continue.
- The dismissal can be with or without prejudice. The court decides based on the specifics of the case.
but if the 365 day limit has already been extended once and the case is still pending (hence action started in december *) the case would not just disappear unless the 365 day limit was exceeded again... and there is no final order that has been requested after mediation was attempted with no agreement?
In South Carolina:
- If the 365 day limit has been extended once, the case remains pending until the new deadline.
- The case won't disappear unless the extended 365 day limit is exceeded without action.
- Even after mediation with no agreement, the case continues pending until a final order is issued.
- If the 365 day limit has been extended once, the case remains pending until the new deadline.
- The case won't disappear unless the extended 365 day limit is exceeded without action.
- Even after mediation with no agreement, the case continues pending until a final order is issued.
so the case could "disappear" once the 365 day limit has been exhausted but that would require the judge to dismiss without prejudice...right?
In South Carolina:
- The case could potentially "disappear" after the *-day limit without action.
- However, the judge's dismissal would depend on the specifics of the case.
- It could be dismissed with or without prejudice.
- The case could potentially "disappear" after the *-day limit without action.
- However, the judge's dismissal would depend on the specifics of the case.
- It could be dismissed with or without prejudice.
plaintiff is no pro se'. 365 day limit has been extended 1x and case is still pending as defendant has to respond to plaintiff rtsc - best course of action: request continuance, request motion for dismissal without prejudice, or do nothing and allow case to disappear due to 365 day limit being excluded?
In South Carolina:
- Requesting a continuance could extend the case further.
- Requesting a motion for dismissal without prejudice allows the plaintiff to potentially reopen the case.
- Doing nothing might lead to dismissal after the *-day limit, but the judge decides the type of dismissal.
The best course of action depends on the specifics of the case and the plaintiff's objective. Consulting a local attorney could provide more personalized advice.
- Requesting a continuance could extend the case further.
- Requesting a motion for dismissal without prejudice allows the plaintiff to potentially reopen the case.
- Doing nothing might lead to dismissal after the *-day limit, but the judge decides the type of dismissal.
The best course of action depends on the specifics of the case and the plaintiff's objective. Consulting a local attorney could provide more personalized advice.
if the case is dismissed without prejudice and a temporary order of child support is apart of action, does this mean the child support temporary order ceases as well if case is dismissed without prejudice?
In South Carolina:
- If a case is dismissed without prejudice, it generally does not affect the validity of temporary orders.
- The temporary child support order may remain in effect until a new order replaces it.
- However, specific circumstances may vary, so it would be best to consult with a local attorney.
- If a case is dismissed without prejudice, it generally does not affect the validity of temporary orders.
- The temporary child support order may remain in effect until a new order replaces it.
- However, specific circumstances may vary, so it would be best to consult with a local attorney.
it there is a temporary order for child support and the family court case rtsc is dismissed without prejudice, why would there still be a standing temporary order? why would it not be finaled?
In South Carolina:
- Temporary orders generally continue to be effective until replaced by a final order.
- If a case is dismissed without prejudice, it may not necessarily result in a final order.
- The court may choose to keep the temporary order active to provide support until the case is refiled.
- Temporary orders generally continue to be effective until replaced by a final order.
- If a case is dismissed without prejudice, it may not necessarily result in a final order.
- The court may choose to keep the temporary order active to provide support until the case is refiled.
however, the plaintiff has * other children they support, at the time of the initial case, there was only * child - would the additional child plaintiff supports have any bearings with getting a new temporary order submitted since there has been a change in their financial situation?
In South Carolina:
- The court may consider the plaintiff's support of additional children in determining child support.
- A change in the plaintiff's financial situation, including supporting more children, may be grounds for modifying a temporary order.
- The plaintiff would need to petition the court for a modification of the order.
- The court may consider the plaintiff's support of additional children in determining child support.
- A change in the plaintiff's financial situation, including supporting more children, may be grounds for modifying a temporary order.
- The plaintiff would need to petition the court for a modification of the order.
ok. thank you again for all of your help
You're welcome, ****! I'm glad I could help. If you have any more questions in the future, don't hesitate to ask. Remember, for specific advice tailored to your situation, it would be best to consult with a local attorney.
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