Archive for December, 2012

Court of Appeals rejects further alimony reduction when family court determines husband’s income hadn’t decreased

In the December 12, 2012 opinion of King v. King, 400 S.C. 611, 735 S.E.2d 551 (Ct. App. 2012), the Court of Appeals affirmed the family court’s decision to deny Husband’s request to further reduce his alimony. At the time of the parties’ divorce in 1999, Husband had a yearly base salary of $300,000 as chief […]

Objecting to discovery that you sought yourself

I often see attorneys object to discovery requests when those same attorneys request the same discovery.  There are potential ethical violations and tactical problems in doing this. South Carolina Rule of Civil Procedure 11(a) reads: Every pleading, motion or other paper of a party represented by an attorney shall be signed in his individual name […]

Equitable distribution when spouses rarely lived together

The December 5, 2012 Court of Appeals opinion in Jenkins v. Jenkins, 401 S.C. 191, 736 S.E.2d 392 (Ct. App. 2012) addresses, without providing guidance, the interesting topic of how you equitably divide marital property when the spouses often lived apart. The Jenkinses only lived together for only approximately three and a half years of their sixteen-year […]