Archive for the ‘South Carolina Specific’ Category

Certificates of service in South Carolina state courts

Many attorneys issue certificates of service (also known as proofs of service) with the motions, orders, pleadings and discovery they issue in filed cases. I sometimes get asked if such certificates are necessary. Except for the summons and complaint they are not. However I have a suspicion why many attorneys still issue them. That suspicion […]

Court of Appeals affirms strict compliance with adoption consent requirements

The August 4, 2014 Court of Appeal opinion in Brown v. Baby Girl Harper affirmed a family court’s decision not to terminate a birth mother’s parental rights because the executed consents to the adoption were not properly witnessed. The attorney-witness was not in the room when the birth mother signed the consent document, and neither […]

Court of Appeals reconsiders its decision and reinstates no fault divorce

When I blogged on the May 14, 2014 Court of Appeals opinion in the case of Mick-Skaggs v. Skaggs, I noted the curious decision to change the ground for divorce from no-fault to mutual fault. First, neither party contested the fact of one year’s continuous separation and typically the appellate courts will not change the […]

Previously unpublished opinion answers question of where to enforce foreign equitable distribution orders

On July 30, 2014 the South Carolina Court of Appeals published the previously unpublished opinion in the case of Katzburg v. Katzburg. This opinion answers the frequently recurring question of where to enforce foreign state’s equitable distribution orders. The answer: circuit court. A more detailed analysis of the opinion can be found in the blog […]

After eight years South Carolina finally updates its child support guidelines

On July 1, 2014 South Carolina’s new child support guidelines went into effect. The updated guidelines can be downloaded here. It is the first revision to these guidelines since 2006. There are four primary changes from the previous guidelines. The first change is to the child support tables. These tables now go up to incomes […]

Family court attorney gets public reprimand for inaccurate client affidavit

In what should put chills in my fellow family law attorneys’ spines, on July 2, 2014, a South Carolina family law attorney was publicly reprimanded by the South Carolina Supreme Court in the case of In Re. Massey, 408 S.C. 483, 759 S.E.2d 433 (2014), for submitting an inaccurate affidavit of his client at a temporary hearing. This […]

Supreme Court completely reverses Court of Appeals and reinstates family court’s alimony, property division and attorney fee award

The July 2, 2014 Supreme Court opinion in Crossland v. Crossland, 408 S.C. 443, 759 S.E.2d 419 (2014), completely reverses the prior Court of Appeals opinion and reinstates family court’s alimony, property division and attorney fee award. The family court had awarded Wife permanent periodic alimony. The Court of Appeals remanded the alimony award back to the […]

Unpublished Court of Appeals opinion undefinitively answers one of my family court questions

The June 25, 2014 unpublished Court of Appeals opinion in Katzburg v. Katzburg undefinitively answers one of my long-standing family court questions. I was retained by Mr. Katzburg after he was incarcerated by the family court for failing to comply with a New Jersey divorce decree that had been turned into a money judgment and […]