Off the Record: A Legal Podcast

Understanding Child Support Laws in South Carolina

Episode Summary:
In this episode, family law attorney Leslie Fisk sheds light on the intricacies of child support laws in South Carolina. From calculating child support based on incomes to addressing common misconceptions, Leslie provides valuable insights for individuals navigating child support arrangements.
Key Timestamps:
00:00 – Introduction
01:30 – Importance of child support inquiries pre-divorce
03:45 – Factors considered in South Carolina child support calculations
06:20 – Clarifying child support cut-off age
08:45 – Handling child support for multiple children
11:10 – Recalculation of child support based on income changes
13:55 – Addressing shared parenting time in child support calculations
16:30 – Extracurricular expenses and child support in South Carolina
19:05 – Adjusting child support in case of job loss
21:40 – Debunking myths about recipient's spending of child support
24:15 – Fostering minimal disruption for children post-separation
About the Show:
*Off the Record* is a legal podcast that delves into various aspects of family law, offering expert insights and guidance on navigating legal challenges. From divorce proceedings to child custody matters, *Off the Record* provides a comprehensive look at legal issues affecting families.

Legal Separation In South Carolina: What It Really Means

Episode Summary: In this episode, attorney Bill Finn from the Law Offices of Rhett Burney sheds light on legal separation in South Carolina. He clarifies that legal separation in the state is not a formal status but rather a step towards a no-fault divorce. Bill explains the significance of filing for separate support and maintenance, enabling couples to settle issues like child custody, visitation, and financial matters before finalizing a divorce.
Key Timestamps:
- 00:00 – Introduction
- 01:30 – Legal separation in South Carolina and its implications
- 03:45 – Filing for separate support and maintenance
- 06:12 – Key differences between legal separation and divorce
- 08:20 – Importance of court-ordered agreements before divorce
- 10:05 – Financial responsibilities during separation
- 12:40 – Impact of separation on health insurance and taxes
- 15:00 – Best practices for protecting oneself legally during separation
About the Show: *Off the Record* is a legal podcast that delves into various aspects of family law, offering valuable insights and guidance on navigating legal challenges with clarity and expertise.

Divorce and Debt: Who’s Responsible for What?

Episode Summary:
Attorney Bill Finn from the Law Office of Rhett Burney in South Carolina sheds light on the complexities of debt division during divorce in South Carolina. He discusses how marital debt is viewed by the court, the difference between marital and separate debt, and the implications of individual debt on both parties. Bill also delves into the importance of handling finances amicably, navigating bankruptcy during divorce, and proactive steps to understand and manage debt obligations before divorce proceedings.
Key Timestamps:
00:00 – Introduction
00:45 – Treatment of debt in divorce
02:10 – Determining marital vs. separate debt
04:05 – Responsibility for debt incurred by one spouse
05:30 – Division of mortgages and car loans
07:15 – Importance of amicable resolution
08:40 – Impact of bankruptcy during divorce
10:20 – Judges' considerations in debt allocation
12:00 – Preparing for divorce financially
13:45 – Pitfalls of separating finances prematurely
15:30 – Smart financial moves for a secure post-divorce future
About the Show:
*Off the Record* is a legal podcast that delves into various aspects of family law, offering valuable insights and practical advice for individuals navigating divorce and related legal matters. Hosted by experts in the field, each episode provides in-depth discussions on critical topics to empower listeners with knowledge and understanding.

Hidden Assets and Financial Secrets in Divorce: What You Need to Know

Episode Summary:
In this episode of *Off the Record*, experienced family law and estate planning attorney discusses the complexities of uncovering hidden assets in divorce cases. From identifying signs of financial deceit to navigating the legal processes involved, the episode sheds light on the challenges faced by individuals dealing with undisclosed finances during divorce proceedings.
Key Timestamps:
- 00:00 – Introduction
- 01:30 – Unveiling Hidden Assets
- 03:15 – Signs of Financial Deception
- 05:00 – Tools Used by the Court
- 07:45 – Handling Financial Control Disparities
- 09:30 – Consequences of Asset Concealment
- 11:15 – Miscommunication vs. Intentional Hiding
- 13:00 – Business Assets in Divorce
- 15:20 – Emotional Support for Clients
- 17:10 – Precautionary Measures for Suspected Deception
About the Show:
*Off the Record* is a legal podcast that delves into various aspects of family law, estate planning, and navigating complex financial matters during legal proceedings. Join us as we explore real-life scenarios and expert insights to empower listeners with valuable knowledge in legal matters.

Avoiding Family Feuds: How to Keep the Peace When You’re Gone

Episode Summary:
In this episode of *Off the Record*, Rhett Burney shares insights on avoiding family disputes posthumously through effective estate planning. Rhett emphasizes the importance of considering family dynamics, being specific in asset distribution, and fostering open communication to prevent conflicts. With real-life examples, he highlights the significance of clear instructions and selecting responsible executors to maintain family harmony.
Key Timestamps:
00:00 – Introduction
00:45 – Common disputes in estate planning
01:30 – Importance of family dynamics in planning
03:15 – Specificity in asset distribution
04:20 – Communication and discussing plans with family
05:45 – Choosing a responsible executor or trustee
07:10 – Case study: Prevention of family dispute through clear planning
09:00 – Revisiting estate plans and signs for revision
About the Show:
*Off the Record* is a legal podcast hosted by an experienced attorney focusing on family law, estate planning, and probate matters. Join us to explore insightful discussions and expert advice on preserving family relationships through effective legal planning strategies.

Choosing the Right Guardian: How to Protect Your Children if Something Happens to You

Episode Summary:
In this episode, Melissa Smith, an associate at a law firm, discuss naming a guardian for children in a custody dispute. Melissa explains the role of a guardian, how courts make decisions, and the importance of good planning to prevent conflicts. She emphasizes the significance of considering the child's best interests and the impact of parental boundaries on custody arrangements.
Key Timestamps:
00:00 – Introduction
00:45 – Court appointment of a guardian in custody disputes
01:30 – Role and qualifications of a guardian in South Carolina
03:15 – Impact of parental boundaries on conflicts and custody arrangements
05:00 – Importance of addressing issues early on in custody disputes
06:30 – Recommendations for revisiting decisions in changing custody dynamics
08:10 – Introducing a new parent into the equation and considerations for children
09:45 – Benefits of making early choices to protect child stability and reduce future litigation
About the Show:
*Off the Record* is a legal podcast that delves into family law and estate planning matters. The show features expert guests like Melissa Smith, offering insights and guidance on navigating legal challenges for families.

Charitable Giving in Your Estate Plan: Doing Good While Protecting Your Family

Episode Summary:
In this episode of *Off the Record*, family law and estate planning attorney Rhett Burney discusses the importance and benefits of charitable giving in estate planning. He highlights how charitable donations can benefit both the charity and the individual's estate, providing tax advantages and creating a lasting legacy.
Key Timestamps:
00:00 – Introduction
01:15 – Benefits of Charitable Giving in Estate Planning
02:30 – Methods of Including Charities in Estate Plans
04:10 – Balancing Giving and Providing for Loved Ones
06:20 – Considerations for Responsible Charitable Giving
08:00 – Tax Implications of Charitable Gifts
09:45 – Avoiding Tax Problems and Maximizing Benefits
11:20 – Details to Consider When Naming Charities in Wills or Trusts
13:00 – Ensuring Proper Identification and Backup Plans for Charities
15:10 – Leaving a Lasting Legacy Through Charitable Giving
About the Show:
*Off the Record* is a legal podcast that delves into various aspects of family law, estate planning, and legal strategies to protect families and assets. Join attorney Rhett Burney as he shares valuable insights and advice on navigating legal matters with expertise and care.

Adoption in South Carolina: What Every Parent Should Know Before Starting the Process

Episode Summary: Discover the intricate processes of adoption in South Carolina with Rhett Burney and Bill Finn delve into the various scenarios leading to adoption, unexpected challenges families face, and the legal intricacies that shape the adoption journey. Gain valuable insights into the complexities of adoption and the significance of legal safeguards in ensuring the best interests of the child.
Key Timestamps:
00:00 – Introduction
01:30 – Different processes for adoption in South Carolina
03:45 – Surprises families encounter during the adoption proces
05:20 – Balancing the rights of biological parents and the best interest of the child
07:10 – Steps to initiate the adoption process
08:45 – Adoption of stepchildren: Process and considerations
10:15 – Timelines and factors affecting adoption completion
12:00 – Differences in adopting infants versus older children
13:45 – Personal insights on adoption and its impact on families
About the Show: *Off the Record* is a legal podcast that delves into various aspects of family law, estate planning, and legal matters affecting families in upstate South Carolina. Join Rhett Burney and Bill Finn as they provide valuable insights and guidance on navigating legal challenges and ensuring the well-being of families through expert legal counsel.

Power of Attorney: What It Can and Can’t Do in South Carolina

Episode Summary:
In this episode of *Off the Record*, Rhett Burney and special guest Bill Finn delve into the importance of powers of attorney in estate planning. They explain the significance of having a power of attorney document, who should have one, and why it's crucial for everyone, regardless of age. The discussion highlights different types of powers of attorney, when they come into effect, and the potential consequences of not having one in place.
Key Timestamps:
00:00 – Introduction
01:08 – Definition and purpose of a power of attorney
03:20 – Importance of having a power of attorney for all individuals
05:45 – Types of powers of attorney and their specific functions
08:10 – Consequences of not having a power of attorney
11:45 – Dangers of using online templates for power of attorney documents
14:30 – Steps to ensure recognition and understanding by banks, doctors, and family members
17:40 – Recording powers of attorney at the courthouse for validity
19:55 – Choosing the right agent and the significance of a successor agent
About the Show:
*Off the Record* is a legal podcast featuring Rhett Burney, a family law and estate planning attorney based in Greenville County, South Carolina. The show provides valuable insights into various legal aspects, offering guidance and knowledge for individuals seeking professional legal assistance.

The Power of Mediation: How It Saves Families Time, Money, and Stress

Episode Summary:In this episode of Off the Record, South Carolina attorney Rhett Burney explains how blended families can avoid estate planning mistakes that often lead to conflict. With more families including stepchildren, half-siblings, and second marriages, Rhett breaks down why simple wills often fall short and how trusts can protect all loved ones fairly. He shares how South Carolina law treats stepchildren, how to structure inheritance for multiple families, and what conversations couples should have before finalizing their estate plans. From wills and trusts to beneficiary designations, Rhett offers clear and practical steps to ensure every family member is treated as intended.
Key Timestamps:
00:00 – Why blended families make estate planning more complex.01:00 – Rhett explains how leaving everything to a new spouse can unintentionally disinherit your children.02:30 – How trusts help maintain control over your assets and ensure your wishes are followed after death.04:30 – Stepchildren are not automatically included in inheritance without specific mention.06:00 – The key discussions couples with prior relationships should have before planning their estates.08:00 – How addiction, financial responsibility, and family distance can affect estate decisions.10:00 – Why “fair” doesn’t always mean “equal” when dividing assets among biological and stepchildren.12:00 – Rhett explains how trusts allow ongoing control, while wills end once executed.13:30 – Why life insurance and retirement accounts override what’s in your will.15:00 – Forgetting to update beneficiaries and keeping trust documents incomplete.16:30 – Why meeting with a lawyer is the best first step for blended families creating an estate plan.
About the Show:Off the Record features South Carolina attorney Rhett Burney, who helps families navigate estate planning, probate, and family law with clarity and compassion. Each episode shares practical legal advice designed to protect families, prevent disputes, and make planning for the future simple and stress-free.