Archive for the ‘South Carolina Specific’ Category

Should student loan payments be a factor in setting child support?

It has always struck me as fundamentally unfair that student loan payments–especially interest on those payments–are not deductible from income for income tax purposes. Borrow $200,000 for business equipment and there’s no argument that the principal and interest on that loan is deductible from income. Borrow $200,000 to obtain a law degree (as many of […]

Changes in the non-custodial parent’s income have a much bigger impact on child support than changes in the custodial parent’s income

Child support can be modified based upon a substantial change of circumstances. Common circumstances that justify a child support modification are when work-related child care expenses drop (typically when the child starts kindergarten or is old enough to no longer need after school care) or when one, but not all, of the children supported by […]

Substituted, published Court of Appeals opinion clarifies terminating parental rights of incarcerated parents

On March 3, 2017, with no announcement I can locate, the South Carolina Court of Appeals substituted and published its March 1, 2017 opinion in SCDSS v. Myers. This opinion reverses a termination of an incarcerated Father’s parental rights and the granting of an adoption to the child’s Foster Parents. It remands the matter back […]

Does the De Facto Custodian statue limit or implicitly overrule Moore v. Moore?

Comments from attorneys and litigants who’ve made this argument are most welcome Moore v. Moore, 300 S.C. 75, 386 S.E.2d 456, 458 (1989) is the seminal South Carolina case on the factors the court should consider in determining whether to return a child to a parent after that child has lived with a non parent […]

The codification of child custody factors is making encouragement of the other parent’s relationship with the child much more important

When South Carolina codified child custody factors in June 2012 as S.C. Code § 63-15-220, I noted,“I do not see any reason why this statute should radically alter South Carolina child custody determinations.” My experience and the anecdotal experience of my peer [to date, no appellate opinion interprets or analyzes that code section] indicates that […]

What the guardian should expect from the attorneys/What attorneys should expect from the guardian

The following are materials for an upcoming Charleston County guardian ad litem luncheon.  I am posting them as a blog so that folks can comment.  These materials can also be downloaded as a Microsoft Word file. I often “recycle” lectures, so comments may be used to update the materials. A lot of the bickering between attorneys and guardians […]

Patterns in 2016 Published South Carolina Family Court opinions

For the past six years I’ve done an annual recap of the prior year’s South Carolina published family court appeals. It’s an opportunity for me to observe patterns that I may not have observed in reviewing each published opinion discretely and shortly after its release. After a slow start (two published opinions in the first […]

Insufficient guardian investigation causes Court of Appeals to reverse termination of parental rights

The December 30, 2016 Court of Appeals opinion in SCDSS v. Nelson reversed the termination of Mother’s parental rights primarily because the guardian ad litem had conducted an insufficient investigation. In Nelson, DSS removed Mother’s three children in September 2013 because she was living with her sister in a roach-infested home without running water, lights, […]