Archive for May, 2011

Should being the victim of a third-party’s Ponzi scheme entitle one to reopen a marital property settlement?

The May 30, 2011 New York Times reports a story about a husband, a partner at a powerful New York City law firm, attempting to reopen his marital property settlement because the value of a major asset he kept in the settlement, shares in the Madoff account, declined in value when it was learned that […]

Loose lips sink judgship

Today [May 31, 2011] the Supreme Court publically reprimanded Magistrate James Oren Hughes for making an inappropriate comment to a law student attending a reception of the Horry County bar and for showing that law student, and others, an inappropriate image on his cell phone at that same reception. The Supreme Court doesn’t tell us […]

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 […]

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 […]

Beaten by implicit credibility determinations

My client, for completely explicable reasons, but much to my disappointment, has decided not to seek rehearing and eventual certiorari of the unpublished May 18, 2011 Court of Appeals opinion in Dulaney v. Dulaney.  In a completely related item, I just finished my second day of cross examining an alleged contemnor in a rule to […]

Timing the temporary hearing in your custody modification case

Many family court attorneys reflexively seek a temporary change of custody when filing a lawsuit to change custody.  However, when seeking to change custody on issues that are important but non urgent–such as a child doing poorly in school or a child wishing to live with the non custodial parent–such a request can backfire.  Often […]

Not (merely?) unclothed: covered up

The unarrival of the rapture on May 21, 2011 got me thinking about how the rapture would actually appear if it ever takes place.  We are told that when the rapture occurs believers will be whisked away to heaven with their clothes left strewn on the ground where they were located at that exact moment. […]

Marriage is like a deck of cards…

Divorce lawyer humor courtesy of Stephen Slotchiver: