Archive for the ‘Attorney’s Fees’ Category
Posted Thursday, February 21st, 2013 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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N.B., on May 8, 2013, the South Carolina Supreme Court slightly modified its original opinion. For more information read Supreme Court reconsiders equitable distribution of marital home. The February 20, 2013 Supreme Court opinion in Wilburn v. Wilburn deals with numerous interesting, sometimes novel, equitable distribution issues. The appeal stemmed from a divorce action in a [...]
Tags: Alimony/Spousal Support, Attorney's Fees, Equitable Division/Property Division, South Carolina Supreme Court, Transmutation
Posted in Alimony/Spousal Support, Attorney's Fees, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, November 21st, 2012 by Gregory Forman
Filed under Attorney's Fees, Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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Ex parte: Belinda Davis-Branch. In re: Larry Solomon v. Betty Jean Solomon was the South Carolina Supreme Court’s September 2012 “Case of the Month.” Had the Supreme Court affirmed the family court’s ruling–which I was almost certain it wouldn’t–it might have revolutionized family law attorney fee collection practice in South Carolina and made it much [...]
Tags: Attorney's Fees, Contempt Enforcement Rule to Show Cause, South Carolina Supreme Court, Unpublished Opinions
Posted in Attorney's Fees, Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, November 14th, 2012 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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The November 14, 2012 Court of Appeals opinion in Lewis v. Lewis, 400 S.C. 354, 734 S.E.2d 322 (Ct. App. 2012), provides some guidance on imputing income to unemployed spouses and parents and deciding whether to award joint custody. In Lewis, the family court denied Husband’s request for joint custody and imputed monthly income to him of [...]
Tags: Attorney's Fees, Child Custody, Child Support, Joint Custody, South Carolina Court of Appeals
Posted in Attorney's Fees, Child Custody, Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Monday, July 30th, 2012 by Gregory Forman
Filed under Attorney's Fees, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Specific
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Today the South Carolina Supreme Court adopted amendments to the Rules of Professional Conduct to address the charging of advance fees by lawyers. Given recent confusing disciplinary opinions regarding the handling of minimum fees or non refundable retainers these new rules provide welcome clarity. The primary change is the addition of Rule1.5(f), which reads: (f) [...]
Tags: Attorney's Fees, Rules of Professional Conduct
Posted in Attorney's Fees, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Specific | 2 Comments »
Posted Wednesday, June 6th, 2012 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific, Visitation
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Last week, in Tillman v. Oakes, 398 S.C. 245, 728 S.E.2d 45 (Ct. App. 2012), the Court of Appeals reversed and remanded a family court custody order due to insufficient factual findings. On June 6, 2012, in Buist v. Buist, 399 S.C. 110, 730 S.E.2d 879 (Ct. App. 2012), the Court of Appeals reversed and remanded a family [...]
Tags: Attorney's Fees, Child Custody, Child Support, Equitable Division/Property Division, South Carolina Court of Appeals, Visitation
Posted in Attorney's Fees, Child Custody, Child Support, Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific, Visitation | No Comments »
Posted Wednesday, February 1st, 2012 by Gregory Forman
Filed under Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
The February 1, 2012 Supreme Court decision Chisholm v. Chisholm, 396 S.C. 507, 722 S.E.2d 222 (2012), caps decade-long litigation into the amount of attorneys fees Husband is required to pay Wife. Meanwhile, the Supreme Court’s majority opinion unwittingly implicates issue preservation concerns that might seem to require a prevailing party on appeal in the Court of Appeals [...]
Tags: Attorney's Fees, South Carolina Supreme Court
Posted in Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Thursday, December 22nd, 2011 by Gregory Forman
Filed under Attorney's Fees, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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In the December 14, 2011 opinion in Lewin v. Lewin, 396 S.C. 349, 721 S.E.2d 1 (Ct. App. 2011), (in which I represented the losing appellant, though I was not his trial counsel), the Court of Appeals affirmed multiple challenges Father brought to the lower court’s award of $18,955 in fees and costs to Mother. Lewin represents an interesting [...]
Tags: Attorney's Fees, Credibility, South Carolina Court of Appeals
Posted in Attorney's Fees, 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
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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 »
