Archive for the ‘South Carolina Specific’ Category

Obtaining electronically stored information in electronically stored format

A common idea among litigators is that an excellent way to hide damaging information is to produce it with a whole bunch of innocuous information. There’s even an informal term for it: data dumping. Producing thousands of pages of financial or cell phone records in a paper format requires the requesting party to laboriously search […]

On the same day two separate Court of Appeals panels reverse transmutation findings

On July 13, 2016, the Court of Appeals published two opinions in which the primary issue on appeal was transmutation–the almost alchemical process by which non-marital property turns into marital property: Taylor-Cracraft v. Cracraft and McMillan v. McMillan. In both cases the Court of Appeals largely reverses the family courts’ transmutation findings. The timing of […]

Court of Appeals affirms contempt finding against mother who didn’t force children to visit

Calling bullsh*t on custodial parents who let the children decide their visitation is one of my most controversial and by far my most commented-upon blog.  In that blog I argue that it is the custodial parent’s job to require the children spend their court-ordered visitation time with the non-custodial parent (assuming that parent wants to […]

Small bites on visitation

Absent a showing of a “substantial change of circumstances” one is allowed to bring only one motion for temporary relief on a particular issue prior to trial. Typically these motions are brought early in the case–some attorneys almost reflexively file these motions with their initial pleading. However whatever relief the client obtains at the temporary […]

The problem in filing updated financial declarations at final hearings to approve agreements

Family Court Rule 20(a) requires “a current financial declaration” “be served and filed” “[i]n any domestic relations action in which the financial condition of a party is relevant or is an issue to be considered by the court.” A problem arises when parties negotiate an agreement involving financial issues while relying on old financial declarations, […]

“Hammered” by the family court, Court of Appeals hammers Husband again

There are some family court smack-downs that beg for an appeal. And there are some Court of Appeals decisions that beg for a petition for certiorari. The April 13, 2016 opinion in Fredrickson v. Schulze is one such case. Husband, Schulze, appealed many aspects of the family court’s equitable distribution decision along with its denial […]

Husband’s lack of credibility on financial disclosure has multiple adverse consequences

The March 16, 2016 Court of Appeals opinion in Conits v. Conits rejects many of Husband’s allegations of error in the family court’s equitable distribution award because he lacked credibility in his financial disclosure. This opinion is a warning to those who would provide false financial disclosure that this lack of credibility can be fatal […]

2015 may set record low in published family law opinions

2015 may set a record low in published South Carolina family law opinions. Counting a refiled opinion in Srivastava v. Srivastava, 411 S.C. 481, 769 S.E.2d 442 (Ct. App. 2015), that was originally filed in 2014, but not counting a dismissal of certiorari as improvidently granted in Hudson v. Hudson, 414 S.C. 352, 778 S.E.2d […]