Archive for the ‘Child Support’ Category

Defending false allegations of untimely support payments

Counseling clients to pay support by having their bank mail the support check can be a useful prophylactic for defending false claims of late payments. Most of my child support and alimony-paying clients hate paying through the courts.  This hatred is completely justified.  The 5% fee associated with paying support through the South Carolina clerks [...]

Unpublished opinion (doesn’t) make(s) new law on application of Schedule C guidelines

Floyd v. Morgan, 383 S.C. 469 , 681 S.E.2d 570 (2009) is possibly the worst published family law opinion to come out of the Supreme Court since I started writing this blog in April 2009.  Not only did it unduly heighten the burden to modify child custody agreements–a decision since rectified in Miles v. Miles, [...]

One hundred things I don’t know about South Carolina family law

This blog is inspired by myriad important family law issues that current South Carolina case law and statute don’t adequately answer.  None of these questions is merely academic, as each has come up at least once in my eighteen years of family law practice.  I have firm opinions on the correct answer to some of [...]

In opinion with numerous oddities, Supreme Court approves active/passive approach to valuing marital property

In the October 31, 2011 opinion in Burch v. Burch, 395 S.C. 318, 717 S.E.2d 757 (2011), the South Carolina Supreme Court finally ratifies the passive versus active gain distinction the Court of Appeals has used for years in determining the valuation date for marital assets that change value between the date of filing and the [...]

Should parents ever agree to court-ordered college support in South Carolina?

Even before Webb v. Sowell, 387 S.C. 328, 692 S.E.2d 543 (2010), overruled Risinger v. Risinger, 273 S.C. 36, 253 S.E.2d 652 (1979), and held that it was unconstitutional to require unmarried parents to provide college support for their adult children when there was no similar obligation for married parents, I uniformly discouraged my clients [...]

United States Supreme Court finds that indigent defendant is not entitled to appointed counsel for child support civil contempt proceeding but still vacates South Carolina Supreme Court judgment of civil contempt

The June 20, 2011 United States Supreme Court opinion in Turner v. Rogers, 131 S.Ct. 2507 (2011), will radically alter the way the South Carolina Family Court handles child support (and alimony) enforcement.  It’s about time. Turner’s challenge before the United States Supreme Court regarded the South Carolina Supreme Court’s determination that he was not entitled to [...]

Shouldn’t having custody of a child terminate child support per se?

Under S.C. Code § 63-3-530 (17) “orders for child support run until the child is eighteen years of age or until the child is married or becomes self-supporting.” It has been my experience that when a girl under the age of eighteen gives birth and keeps her child, the family court does not terminate whatever [...]

Collecting child (or spousal) support from actual dead deadbeats

Due to recent changes in the law, it has become much easier to collect back child support from a deceased deadbeat’s estate.  Here’s how to do it profitably without running afoul of the rules of professional conduct. Yesterday, for the first time in over a decade, I found myself in probate court.  The goal: collect [...]