Archive for August, 2009

Supreme Court holds that waiver of adultery’s bar to alimony does not violate public policy

The South Carolina Supreme Court decision in Eason v. Eason, 384 S.C. 473, 682 S.E.2d 804 (2009) corrects an obvious injustice, holding that a written agreement between separated spouses to not use adultery as a bar to entitlement to alimony is enforceable and not a violation of public policy.  Given that South Carolina statutory law already provides […]

Tiger Woods’ dad

Obviously events have overtaken the content of this blog.  I sometimes feel like this blog jinxed Tiger.  The greater point that involving our children in our hobbies remains a solution to the problem of making time for one’s hobbies while making time for one’s children hopefully remains valid. I have played two rounds of golf […]

Does procedural due process mandate testimony at family court temporary hearings in South Carolina?

Our Supreme Court is confused and conflicted on testimony at family court temporary hearings.  Rule 21(b), SCRFC (a rule promulgated by the Supreme Court) states, “ [e]vidence received by the court at temporary hearings shall be confined to pleadings, affidavits, and financial declarations unless good cause is shown to the court why additional evidence or testimony may […]

Can the logic justifying property division and alimony in South Carolina be reconciled (or if x=y, why doesn’t -x=-y)?

South Carolina is not a community property state (in community property states all marital property is divided equally).  However, in practice, with long-term marriages the family courts start with a presumption of a 50/50 division of marital assets and adjust that division slightly based on factors such as fault or third-party contributions to the marital […]

A new day in child support agreements

N.B. The holding of Floyd v. Morgan that it took a higher burden of proof to modify support agreement was subsequently overruled in the case of  Lewis v. Lewis, 392 S.C. 381, 709 S.E.2d 650 (2011) With today’s advance sheet, the Supreme Court’s opinion in Floyd v. Morgan, 383 S.C. 469, 681 S.E.2d 570 (2009) becomes final, as the Supreme Court […]

The lessons we learn

I received a call from a prospective client recently.  While every situation has its unique aspects, the details were depressingly familiar.  Married after a short courtship to a man she’d know since she was a child, she soon discovered he wasn’t the man he represented himself to be: substance abuse issues; spending issues; commitment issues. […]

Court of Appeals offers much guidance on relevant factors in alimony reduction cases

The August 19, 2009 Court of Appeals decision in Butler v. Butler, 385 S.C. 328, 684 S.E.2d 191 (Ct.App. 2009) offers the family court bar much guidance in the factors to consider in alimony reduction cases.  Many of the factors considered in this opinion have never been addressed in prior published opinions. Butler was an appeal from a […]