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May 2011

Of Interest to Family Court Litigants

May 31st, 2011

Supreme Court drops burden to modify support agreements; holds requirement to maintain health insurance is a form of modifiable alimony despite parties’ waiver of alimony

The May 31, 2011 South Carolina Supreme Court opinion in Miles v. Miles, 393 S.C. 111, 711 S.E.2d 880 (2011),  remedies what many South Carolina family law practitioners, including myself, considered a misguided decision in the case of Floyd v. Morgan, 383 S.C. 469 , 681 S.E.2d 570 (2009) to increase the burden of modifying support […]
Of Interest to Family Court Litigants

May 28th, 2011

The lunacy of the restraint against “exposing the children to members of the opposite sex, unrelated by blood or marriage, overnight ”

A common restraint in South Carolina family court orders involving custody or visitation with minor children is a restraint against “exposing the children to members of the opposite sex, unrelated by blood or marriage, overnight.”  South Carolina family court culture does not approve of non marital sexual activity and these restraining orders are the court’s […]

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