Archive for the ‘Child Support’ Category
Posted Friday, December 2nd, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
3 Comments »
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 [...]
Tags: Alimony/Spousal Support, Child Support, Litigation Strategy
Posted in Alimony/Spousal Support, Child Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 3 Comments »
Posted Wednesday, November 16th, 2011 by Gregory Forman
Filed under Child Support, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
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, [...]
Tags: Child Support, Jurisprudence, South Carolina Court of Appeals, Unpublished Opinions
Posted in Child Support, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Monday, November 14th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Department of Social Services/Child Abuse and Neglect, Divorce and Marriage, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Paternity, South Carolina Specific
7 Comments »
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 [...]
Posted in Alimony/Spousal Support, Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Department of Social Services/Child Abuse and Neglect, Divorce and Marriage, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Paternity, South Carolina Specific | 7 Comments »
Posted Tuesday, November 1st, 2011 by Gregory Forman
Filed under Attorney's Fees, Child Support, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
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 [...]
Tags: Attorney's Fees, Child Support, Equitable Division/Property Division, Marital Litigation in South Carolina, Private School Tuition Support, Roy T. Stuckey, South Carolina Supreme Court
Posted in Attorney's Fees, Child Support, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, August 24th, 2011 by Gregory Forman
Filed under Child Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
2 Comments »
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 [...]
Tags: College Support, Litigation Strategy
Posted in Child Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 2 Comments »
Posted Monday, June 20th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Contempt/Enforcement of Orders, Jurisprudence, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, United States Supreme Court Decisions
4 Comments »
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 [...]
Tags: Alimony/Spousal Support, Child Support, Contempt Enforcement Rule to Show Cause, Due Process, Jurisprudence, United States Supreme Court
Posted in Alimony/Spousal Support, Child Support, Contempt/Enforcement of Orders, Jurisprudence, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, United States Supreme Court Decisions | 4 Comments »
Posted Friday, May 13th, 2011 by Gregory Forman
Filed under Child Support, Jurisprudence, Not South Carolina Specific, Of Interest to General Public
1 Comment »
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 [...]
Tags: Child Support, Jurisprudence, Parenting
Posted in Child Support, Jurisprudence, Not South Carolina Specific, Of Interest to General Public | 1 Comment »
Posted Thursday, February 10th, 2011 by Gregory Forman
Filed under Child Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
1 Comment »
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 [...]
Tags: Child Support, Judgment Interest, Probate Court
Posted in Child Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 1 Comment »