Does the DSS child support worksheet miscalculate split custody child support?

After initially publishing this blog, Paul Lebarron, a staff attorney for DSS Child Support Enforcement and one of the authors of the guidelines, informed me that my calculations were off because my worksheet A calculations were not giving the parents credit for the child(ren) living the other parent’s home.  Conceptually I believe that credit is […]

(Don’t) Meet me halfway

There’s a hilarious scene in the movie Bad Santa in which the head of mall security, Gin (played by Bernie Mac) has discovered that the dipsomaniac Department Store Santa, Willie (played by Billy Bob Thornton), and his foul-mouthed Elf assistant, Marcus (played by Tony Cox), are actually con men who rob a different mall each year […]

Strategically permitting objectionable leading questions

Leading questions are questions that suggest their own answer. Typically they are statements masquerading as questions, such as: “You and your spouse separated on March 14, 2013?” The ability to ask leading questions is governed by Rule 611(c) of the South Carolina Rules of Evidence, which reads: Leading questions should not be used on the […]

Mutually assured dysfunction

Sadly, there are way too many custody in which both parents have “issues” that would lead their fitness to be questioned if the other parent raised them. Much like the United States and USSR, which stockpiled nuclear weapons they hoped never to use as a “mutually assured destruction” deterrent, these parents stockpile–but typically do not […]

South Carolina Supreme Court distinguishes personal goodwill from enterprise goodwill for equitable distribution purposes

The October 7, 2015 Supreme Court opinion in Moore v. Moore is the first published South Carolina appellate opinion to distinguish personal goodwill from enterprise goodwill for equitable distribution purposes. As this is a frequently recurring issue, the Moore opinion is necessary reading for any family court attorney who handles equitable distributions cases involving business […]

How soon can one get a divorce after filing?

Folks who have filed for divorce often wonder why it takes so long for them to get divorced. S.C. Code § 20-3-80 sets “Required delays before reference and final decree.” It requires that hearings on a divorce based on physical cruelty, adultery or habitual intoxication not take place until two months after the date the […]

There is no relief from judgment for intrinsic fraud (or do your due diligence)

South Carolina Rule of Civil Procedure 60(b) list five different ways one can use a streamlined procedure to obtain relief from a judgment within one year of the order or judgment. Item three includes, “fraud, misrepresentation, or other misconduct of an adverse party.” While the parallel rule of Federal Procedure, upon which the South Carolina […]

The risk of sending South Carolina family law clients to counseling

Many family law clients in the initial stage of custody or divorce litigation could benefit from counseling. Whether it is developing better coping methods for handling the stress of separation and litigation, learning how to better communicate with a co-parent, or learning how to better handle conflict with an estranged spouse or co-parent, the skills […]

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