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

Remedying the visitation of an emotionally abusive parent

A reader left a comment today on my blog, Calling bullsh*t on custodial parents who let the children decide their visitation that I found deeply upsetting. He begins: I honestly hope you’re still reading these comments, since your original post is a few years old. I’m going to go ahead and call bullshit on you […]

It’s called vigilantism

Of all of my blogs the one that has generated the most comments is Calling bullsh*t on custodial parents who let the children decide their visitation. Many of the comments come from non-custodial parents who believe they have been alienated from their children by the custodial parent. They applaud this blog. Many of the comments […]

Waiving alimony by committing adultery affects more than just alimony

South Carolina’s alimony bar to spouses who have committed uncondoned adultery (S.C. Code Ann. § 20-3-130(A)) is unique in United States alimony law. It reflects an archaic and patriarchal view of marriage and should be abolished. Of course South Carolina’s overwhelming preference for permanent periodic alimony is similarly archaic and patriarchal. However so long as […]

Does the DSS child support worksheet miscalculate split custody child support?

After initially publishing this blog, Paul Lebarron, a staff attorney for DSS Child Support Enforcement and one of the authors of the guidelines, informed me that my calculations were off because my worksheet A calculations were not giving the parents credit for the child(ren) living the other parent’s home.  Conceptually I believe that credit is […]

(Don’t) Meet me halfway

There’s a hilarious scene in the movie Bad Santa in which the head of mall security, Gin (played by Bernie Mac) has discovered that the dipsomaniac Department Store Santa, Willie (played by Billy Bob Thornton), and his foul-mouthed Elf assistant, Marcus (played by Tony Cox), are actually con men who rob a different mall each year […]

Strategically permitting objectionable leading questions

Leading questions are questions that suggest their own answer. Typically they are statements masquerading as questions, such as: “You and your spouse separated on March 14, 2013?” The ability to ask leading questions is governed by Rule 611(c) of the South Carolina Rules of Evidence, which reads: Leading questions should not be used on the […]

Mutually assured dysfunction

Sadly, there are way too many custody in which both parents have “issues” that would lead their fitness to be questioned if the other parent raised them. Much like the United States and USSR, which stockpiled nuclear weapons they hoped never to use as a “mutually assured destruction” deterrent, these parents stockpile–but typically do not […]

South Carolina Supreme Court distinguishes personal goodwill from enterprise goodwill for equitable distribution purposes

The October 7, 2015 Supreme Court opinion in Moore v. Moore is the first published South Carolina appellate opinion to distinguish personal goodwill from enterprise goodwill for equitable distribution purposes. As this is a frequently recurring issue, the Moore opinion is necessary reading for any family court attorney who handles equitable distributions cases involving business […]