Archive for the ‘South Carolina Specific’ Category

Court of Appeals says email notice is notice

In an order designed to terrify civil, domestic and appellate lawyers, the South Carolina Court of Appeals, in an August 26, 2015 order in the case of Wells Fargo Bank, N.A. v. Fallon Properties, SC, LLC, dismissed an appeal as untimely because it determined that the notice requirement to set the deadline to appeal began […]

South Carolina Supreme Court holds child abuse examiners are not to be used as expert witnesses

In a criminal appeal that has implications for family law attorneys who defend abuse and neglect proceedings, on August 5, 2015, in the case of State v. Anderson, the South Carolina Supreme Court reversed a criminal sexual conduct with a minor conviction because the trial court allowed the forensic examiner of the child to provide […]

Is it conscionable for private attorneys to bring child support establishment actions in South Carolina?

Recognizing that the title of this blog is provocative, I still rarely represent mothers seeking to establish child support and actively discourage most mothers from retaining me to do so. Given the preferential treatment such mothers receive when bringing these actions through the Department of Social Services (DSS), it is rare that I can honestly […]

Court of Appeals requires DSS to offer mother more treatment

The August 3, 2015 Court of Appeals opinion in SCDSS v. Briggs reverses a family court determination that the South Carolina Department of Social Services (DSS) did not have to offer Mother further services and creating a permanency plan of termination of parental rights (TPR) or relative placement. In Briggs, on August 2, 2013, Briggs’s […]

Obtaining reimbursement of uncovered medical bills

South Carolina’s child support guidelines include a provision for payment of unreimbursed medical expenses for the children. Per these guidelines: The guidelines are based on the assumption that the parent to whom support is owed will be responsible for up to $250.00 per year per child in uninsured medical expenses. The Schedule of Basic Child […]

A lot of work for $2.35 a month

On July 22, 2015, three and a half years after the Court of Appeals remanded the family court’s increase in an Ex-Wife’s alimony to $1,547.65 per month in the case of Roof v. Steele, 396 S.C. 373, 720 S.E.2d 910 (Ct. App. 2011), the Court of Appeals set the obligation at $1,550 per month. That’s […]

A child custody reversal that should have been published (and remanded rather than reversed)

Child custody determinations are among the hardest family court matters to get reversed on appeal. Because custody decisions are based upon the weight the trial judge places on sixteen listed factors and a seventeenth catch-all factor, and because so much of the weighing of these factors can be based on the judge’s credibility determinations, appellate […]

How to avoid becoming (unwittingly) common-law married

I get frequent calls or emails inquiring how long one can live with a romantic companion before one is common-law married. Often these folks believe there is a set time period (typically seven or ten years) after which cohabitation is presumed to become a common-law marriage. These folks are mistaken. While cohabitation (living together) is […]