Archive for the ‘South Carolina Specific’ Category

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 […]

Now there’s a third way to become married in South Carolina

I would like to thank Professor Roy T. Stuckey for making me aware of the February 18, 2015 Court of Appeals opinion in Thomas v. 5 Star Transportation, 412 S.C. 1, 770 S.E.2d 183 (Ct. App. 2015). Evidently there is now a third way for folks to become married in South Carolina. Thomas was a […]

This is what it takes for a man to get permanent alimony in South Carolina

The South Carolina Courts website lists the roster of cases set for oral argument along with a brief description of the issues on appeal. Maybe I’m cynical, but when the December 2014 roster listed Ricigliano v. Ricigliano as a case in which the issue was whether the family court erred in failing to award a […]

Hightailing it with the kid(s)

When I first began practicing family law in the early 1990’s it was a lot easier for mothers (it was typically mothers) to get away with leaving their boyfriends/husbands and removing the children from South Carolina. Rarely would the family courts require the mother to return the children to South Carolina–especially if the mother wasn’t […]

Why family law in South Carolina is so underdeveloped

South Carolina family law attorneys frequently complain about the random nature of family court. A large part of the reason for this “randomness” is that South Carolina family law invests so much discretion in family court judges. The one area of family law in which judges have little discretion–setting child support–is the most predicable aspect […]