Archive for the ‘Child Support’ Category

Treating Unwed Daddies as Wallets

I had lunch yesterday with Charlie F.P. Segars-Andrews, who mentioned she had been contacted to do work with an agency, Responsible Committed Fatherhood Initiative, attempting to assist fathers establish visitation at the same time the Department of Social Services establishes child support.  Given my interest in assisting such fathers obtain court-ordered visitation–my most recent volunteer case [...]

Living “The Life of Riley” and puffery in financing documents while claiming poverty is not conducive to minimal child support obligation

Yesterday’s Court of Appeals opinion in Bennett v. Rector provides further guidance on imputation of income in a child support case.  Living “The Life of Riley” on a claimed income of $1,967 a month while claiming a monthly income between six to ten times greater in financial statements is generally going to destroy one’s credibility [...]

South Carolina’s bass-ackwards approach to life insurance to secure support payments

South Carolina’s approach to the requirement of life insurance to secure child support or alimony payments could only have been designed by someone with no appreciation for economics.  Through its structure of perverse incentives, we have created a system that generates unneeded controversy, misallocates the cost of this insurance, and practically guarantees an inefficient level [...]

When to file a contested marital dissolution action before negotiating and when not to request a temporary hearing when filing a contested family court case

It is my experience that most family law attorneys in South Carolina reflexively file a motion for temporary relief when filing a contested family court action or fail to file a marital dissolution action when they hope to negotiate a separation agreement.  Yet I know of two good reasons (there may be others) to file [...]

Financial declarations with an eye toward the future

Just the past week I have closed a support modification case in which a party’s financial declaration understates that party’s projected future income and taken over another support modification case in which my client did not have the financial declarations the court used to approve his previous support agreement.  These are not uncommon experiences but [...]

The foolishness of agreeing to family court jurisdiction when issues are contested or subject to enforcement

In the first year of law school everyone takes Civil Procedure, where we learn about in rem jurisdiction, quasi in rem jurisdiction and in personam [personal] jurisdiction.  One percent of us understand the concepts clearly and other ninety-nine percent (including me) promptly misremember or forget most of what we learned–and then, possibly, relearn these lessons [...]

Can miscarriage expenses be considered an incident of child support?

Today’s Court of Appeals opinion in Susan R. v. Donald R. affirmed, with one seemingly insignificant modification, the family court’s ruling on the three contested issues. Two appealed issues were simply affirmed.  Husband appealed imputation of income for the purpose of setting child support.  The family court included $100 per month in proceeds from a [...]

South Carolina Supreme Court holds that requiring parents subject to child support order, but not other parents, to contribute to their children’s college expenses violates equal protection

The April 19, 2010 Supreme Court decision in Webb v. Sowell, 387 S.C. 328, 692 S.E.2d 543 (2010), was long anticipated: it was argued in January 2009 and my blog mentioned the appeal in September, 2009.  The result is a complete surprise: South Carolina joins a handful of states that have found requirements that some, but not all, [...]