Archive for the ‘Of Interest to Family Court Litigants’ Category

After eight years South Carolina finally updates its child support guidelines

On July 1, 2014 South Carolina’s new child support guidelines went into effect. The updated guidelines can be downloaded here. It is the first revision to these guidelines since 2006. There are four primary changes from the previous guidelines. The first change is to the child support tables. These tables now go up to incomes […]

Supreme Court completely reverses Court of Appeals and reinstates family court’s alimony, property division and attorney fee award

The July 2, 2014 Supreme Court opinion in Crossland v. Crossland completely reverses the prior Court of Appeals opinion and reinstates family court’s alimony, property division and attorney fee award. The family court had awarded Wife permanent periodic alimony. The Court of Appeals remanded the alimony award back to the family court because the family […]

Unpublished Court of Appeals opinion undefinitively answers one of my family court questions

The June 25, 2014 unpublished Court of Appeals opinion in Katzburg v. Katzburg undefinitively answers one of my long-standing family court questions. I was retained by Mr. Katzburg after he was incarcerated by the family court for failing to comply with a New Jersey divorce decree that had been turned into a money judgment and […]

When should the family court award grandparent visitation?

There’s some dispute surrounding last week’s blog regarding the wholesale revision of South Carolina’s grandparent visitation statute. Some commenters contend that grandparents should never be awarded autonomous visitation over a parent’s objection. Others believe that court-ordered visitation should be available to grandparents even when the parents are part of an intact household. As I indicated in that […]

South Carolina finally does grandparent visitation rights right

On June 9, 2014 Governor Nikki Haley signed into law House bill 4348 amending S.C. Code § 63-3-530 (A)(33), commonly known as the grandparent visitation statute. The new law is effective immediately. This law makes it much easier for grandparents to obtain court-ordered visitation with their grandchildren. As modified, subsection 33 now authorizes the family […]

Court of Appeals rules prevailing party shouldn’t have to pay the other side’s attorney’s fees

The June 4, 2014 Court of Appeals opinion in Brown v. Brown reversed a $5,000 attorney fee award the family court made to Mother despite Father prevailing on the contested issue of which child support worksheet to use. The primary issues at trial were the number of overnights Father was spending with the children and […]

Court of Appeals finds adultery by both spouses and changes ground for divorce

In the extremely odd May 14, 2014 opinion of Mick-Skaggs v. Skaggs, the South Carolina Court of Appeals modified the grounds for divorce from one year’s separation to mutual adultery but otherwise left the family court’s order intact. At trial both parties alleged adultery against the other and Wife sought alimony. The trial court denied both […]

Court of Appeals reverses family court determination that prenuptial agreement was unconscionable on equitable distribution

The April 16, 2014 Court of Appeals opinion in Hudson v. Hudson, 408 S.C. 76, 757 S.E.2d 727 (Ct. App. 2014), reversed the family court’s determination that the parties’ prenuptial agreement was unconscionable on the issue of the equitable distribution of Husband’s pre-marital businesses. The prenuptial agreement included a mutual waiver of alimony, as well as a […]