Archive for the ‘Jurisprudence’ Category
Posted Friday, December 23rd, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, South Carolina Appellate Decisions, South Carolina Specific
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In South Carolina, child support, child custody and permanent periodic alimony can all be modified upon a showing of “substantial change of circumstances.” However, there is an exception to this general principle: if the change of circumstances was anticipated at the time of the previous final order, then the change of circumstances is not a [...]
Tags: Alimony Modification, Jurisprudence, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, November 16th, 2011 by Gregory Forman
Filed under Child Support, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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Floyd v. Morgan, 383 S.C. 469 , 681 S.E.2d 570 (2009) is possibly the worst published family law opinion to come out of the Supreme Court since I started writing this blog in April 2009. Not only did it unduly heighten the burden to modify child custody agreements–a decision since rectified in Miles v. Miles, [...]
Tags: Child Support, Jurisprudence, South Carolina Court of Appeals, Unpublished Opinions
Posted in Child Support, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Monday, November 14th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Department of Social Services/Child Abuse and Neglect, Divorce and Marriage, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Paternity, South Carolina Specific
7 Comments »
This blog is inspired by myriad important family law issues that current South Carolina case law and statute don’t adequately answer. None of these questions is merely academic, as each has come up at least once in my eighteen years of family law practice. I have firm opinions on the correct answer to some of [...]
Posted in Alimony/Spousal Support, Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Department of Social Services/Child Abuse and Neglect, Divorce and Marriage, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Paternity, South Carolina Specific | 7 Comments »
Posted Thursday, November 3rd, 2011 by Gregory Forman
Filed under Child Custody, Jurisprudence, Not South Carolina Specific, Of Interest to General Public
10 Comments »
Yesterday, eight years, eleven months and eleven days since I began representing my family law colleague Douglas Alan Barker, I closed his file after successfully regaining him sole legal and physical custody of his younger daughter and setting mother’s child support obligation on her income from a high paying job in Nashville. What a long, [...]
Tags: Child Custody, Douglas Alan Barker, Jurisprudence
Posted in Child Custody, Jurisprudence, Not South Carolina Specific, Of Interest to General Public | 10 Comments »
Posted Saturday, October 29th, 2011 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
5 Comments »
South Carolina family court judges routinely issue restraints against exposing children to a parent’s non-marital romantic companions overnight. When concerned about appearing to be moral scolds, they justify these restraints as prohibiting the children’s exposure to “illegal behavior.” The specific criminal statutes implicated by such behavior are the prohibitions against adultery (S.C. Code § 16-15-60), [...]
Tags: Adultery, Child Custody, Jurisprudence, Lawrence v. Texas
Posted in Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | 5 Comments »
Posted Tuesday, September 20th, 2011 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific
2 Comments »
In what is, for me, one of the most highly anticipated decisions on this year’s docket, the South Carolina Supreme Court decided on September 19, 2011 in the case of Theisen v. Theisen, 394 S.C. 434, 716 S.E.2d 271 (2011) that physical separation is a required component for bringing a separate maintenance action. For almost a decade, [...]
Tags: Jurisprudence, Separate Maintenance, South Carolina Supreme Court
Posted in Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific | 2 Comments »
Posted Sunday, August 21st, 2011 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
6 Comments »
In April 2011, the South Carolina Supreme Court heard oral argument in the case of Eileen Frances Theresa Busto Theisen v. Clifford Richard Theisen. According to the Supreme Court’s roster of cases, the issue in this appeal is “whether physical separation is a pre-requisite for a party to receive separate maintenance and support.” Since Supreme [...]
Tags: Divorce, Jurisprudence, Marriage, Roy T. Stuckey, Thomas F. McDow
Posted in Divorce and Marriage, Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | 6 Comments »
Posted Wednesday, July 27th, 2011 by Gregory Forman
Filed under Jurisprudence, Law and Culture, Not South Carolina Specific, Of Interest to General Public
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Fyodor Dostoevsky said “The degree of civilization in a society can be judged by entering its prisons.” What do articles like this excellent Glenn Smith piece in Sunday’s Charleston Post & Courier, documenting the death of a young man in a South Carolina prison, or the recent United States Supreme Court opinion in Brown v. [...]
Tags: Charleston Post & Courier, Glenn Smith, Popular Culture
Posted in Jurisprudence, Law and Culture, Not South Carolina Specific, Of Interest to General Public | No Comments »
