Filing First for Divorce: Does It Matter in South Carolina?

Filing First for Divorce: Does It Matter in South Carolina?

Episode Summary: Rhett Burney delves into the misconceptions around filing first in a divorce case in South Carolina. He clarifies that the court does not inherently favor the filing spouse and discusses the strategic advantages of filing second for trial preparation. Key Timestamps: 00:00 – Introduction 01:45 – Strategic advantage of filing second for trial 03:30 – Factors influencing child custody decisions 06:15 – Importance of filing first in emergency situations 08:45 – Protecting assets through timely filing 10:30 – Impact on initial hearing schedule 12:00 – Gathering essential documents before filing 14:15 – Addressing concerns about setting the wrong tone 16:00 – Considering overall facts over who files first About the Show: *Off the Record* is a legal podcast hosted by Rhett Burney, offering insights and guidance on family law matters, divorce, custody, and financial restructuring in South Carolina.

Special Needs Planning in South Carolina: How Disability Trusts Protect Your Child’s Future

Episode Summary: In this episode of *Off the Record* Rhett Burney discusses the importance of special needs trusts in protecting benefits for individuals with disabilities. Rhett shares insights on how these trusts safeguard eligibility for programs like Medicaid and Social Security while allowing families to provide long-term support. Learn about the risks of leaving money directly to a child with special needs and the real-life impact of inadequate estate planning on beneficiaries. Key Timestamps: 00:00 – Introduction 01:12 – Discussion on determining eligibility for government benefits 03:45 – Role and importance of special needs trusts 06:20 – Protecting eligibility for programs like Medicaid and Social Security 08:40 – Risks of leaving money directly to a child with disabilities 11:15 – Impact of inadequate estate planning on beneficiaries 13:30 – Qualities to look for in a trustee for special needs trusts 15:45 – Importance of early planning for lifelong support 18:10 – Closing remarks and call to action About the Show: *Off the Record* is a legal podcast hosted by Rhett Burney, offering valuable insights and guidance on estate planning, family law, and more. Join Rhett as he shares his expertise in helping families navigate legal challenges and plan for the future with confidence.

Bankruptcy During Divorce: What Really Happens When One Spouse Files in South Carolina

Episode Summary: Attorney Rhett Burney sheds light on the complexities that arise when divorce proceedings intersect with bankruptcy filings. From automatic stays halting family court cases to the nuanced division of marital debts and assets, Rhett provides insights into how these legal processes intertwine to impact families. Key Timestamps: 00:00 – Introduction 01:20 – Impact of bankruptcy filing on family court proceedings 03:45 – Handling debts and assets during divorce with bankruptcy looming 06:10 – Misconceptions about bankruptcy and obligations like child support 08:30 – Determining marital vs. separate debts in the context of bankruptcy 11:15 – How bankruptcy can alter the course of a divorce case 13:40 – Addressing financial blindsides in the divorce process 16:05 – Signs indicating a potential bankruptcy filing during divorce 18:30 – Collaborating with a bankruptcy lawyer to navigate divorce complexities About the Show: *Off the Record* is a legal podcast where Attorney Rhett Burney delves into various legal intricacies, offering valuable insights and guidance for individuals navigating complex legal scenarios.

Dying Without a Will: What Really Happens in South Carolina

Episode Summary: In this episode of *Off the Record*, the family law and estate planning attorney sheds light on Intestate laws and what happens when someone dies without a will. Explaining the intricacies of property division and dispelling common misconceptions, the episode offers valuable insights for anyone navigating the complexities of estate planning. Key Timestamps: - 00:00 – Introduction - 01:30 – Definition of Intestate - 03:15 – Property Division Without a Will - 05:40 – Handling Stepchildren and Blended Families - 07:20 – Assets Exempt from Succession Process - 09:10 – Common Misconceptions About Dying Without a Will - 11:45 – Risks and Costs of Not Having a Will - 13:55 – Advice on Taking First Steps for Estate Planning About the Show: *Off the Record* is a legal podcast that delves into various aspects of family law, estate planning, and more. Hosted by experienced attorneys, each episode provides valuable insights and expert advice to help listeners navigate legal challenges with confidence.

School & Medical Rights for Non-Custodial Parents in South Carolina

Episode Summary: In this episode of *Off the Record* Rhett Burney delves into the rights of non-custodial parents regarding access to their children's school and medical information under South Carolina law. Exploring key legal provisions, Rhett sheds light on the nuances of parental rights and decision-making authority in educational and medical matters. Key Timestamps: 00:00 – Introduction 01:30 – Rights of non-custodial parents to access school and medical records 03:15 – Decision-making capabilities designated to parents in South Carolina 05:00 – Communication with schools as a non-custodial parent 06:45 – Legal access to medical records for non-custodial parents 08:20 – Addressing denial of access to school and medical information 10:15 – Balancing participation and decision-making authority for non-custodial parents About the Show: *Off the Record* is a legal podcast hosted by Mike Leon, featuring Attorney Rhett Burney, who brings over 30 years of experience in assisting parents in navigating their rights post-divorce or separation. This podcast offers valuable insights into family law matters, providing guidance for individuals facing similar challenges.