Archive for the ‘Alimony/Spousal Support’ Category

One hundred things I don’t know about South Carolina family law

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 [...]

The “best” age(s) for South Carolina husbands to commit adultery

One of the many oddities of South Carolina family law is that a husband is typically best off committing adultery when he and his wife are either very young or very old.  It’s the middle-aged dudes who suffer the most financially from their philandering. When a couple is young, especially if there are no children, [...]

So that’s why (s)he left

Continuing today’s theme of gifts from benevolent domestic litigation deities is the issue of overly vitriolic affidavits for temporary hearings in marital dissolution cases. When beginning representation in a marital dissolution case the spouse who moved out is often at a disadvantage unless he or she can provide a good explanation for why he or [...]

At least he got the laptop back

N.B., the Court of Appeals opinion in Pittman v. Pittman was subsequently refiled with a different analysis on the transmutation issue. See Rearranging the deck chairs Thomas F. McDow is a friend of mine and an exceptional attorney.  When I noted that the appeal he pursued in Pittman v. Pittman, resulting in a published decision today [August [...]

Court of Appeals holds ex-wife’s alimony claim possibly not time barred due to ex-husband’s violence and threats

In the July 20, 2011 decision in Ross v. Ross, 394 S.C. 261, 715 S.E.2d 359 (Ct. App. 2011), the Court of Appeals remanded the issue of whether the Wife’s petition for alimony could defeat a claim of untimeliness due to her Husband’s alleged pattern of violence and threats of violence towards her.  The Court of [...]

Ending the alimony guessing game

An editorial in today’s New York Times, Ending the alimony guessing game, by Alexandra Harwin, a 2011 Yale Law School graduate, highlights New York State’s recent enactment of explicit temporary alimony guidelines.  Under the formula, alimony is set at 30 percent of the higher-earning spouse’s income, minus 20 percent of the lower-earning spouse’s, as long [...]

Court of Appeals holds Rule 59(e) motion does not authorize family court to modify final order, sua sponte, in manner not requested by the moving party

The June 29, 2011 Court of Appeals opinion in Wannamaker v. Wannamaker, 395 S.C. 592, 719 S.E.2d 261 (Ct. App. 2011) (refiled August 11, 2011 with a slightly altered analysis of the equitable distribution issue) involved three issues, two of which were not novel.  The unnovel issues: In a sixteen year marriage, where the supported spouse earns $30k [...]

United States Supreme Court finds that indigent defendant is not entitled to appointed counsel for child support civil contempt proceeding but still vacates South Carolina Supreme Court judgment of civil contempt

The June 20, 2011 United States Supreme Court opinion in Turner v. Rogers, 131 S.Ct. 2507 (2011), will radically alter the way the South Carolina Family Court handles child support (and alimony) enforcement.  It’s about time. Turner’s challenge before the United States Supreme Court regarded the South Carolina Supreme Court’s determination that he was not entitled to [...]