Archive for the ‘Attorney’s Fees’ Category

Five years of litigation, all for naught

Pity poor Lori Stoney, a fellow member of the Charleston County family court bar, and the appellant in the July 27, 2016 Court of Appeals opinion in Stoney v. Stoney. After waiting over 20 months from oral argument to the decision, the Court of Appeals simply ordered a new trial on the issues she appealed: […]

Court of Appeals partially reduces Husband’s alimony reduction in case Husband probably wishes he never filed

One of my harder tasks practicing family law in South Carolina is advising ex-spouses with alimony obligations whether and how much their obligation might change based on reduced income. The July 27, 2016 Court of Appeals opinion in Woods v. Woods does not provide additional clarity on this topic. In Woods, Husband agreed to pay […]

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 […]

“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 […]

Court of Appeals affirms custody, property division and fees

Can anyone explain the Court of Appeals’ thought process in what family law decisions it will publish? On April 8, 2015, mere weeks after deigning to publish two TPR reversals that both involved novel legal issues, it published its first family court opinion of 2015 (not counting a revised opinion in Srivastava v. Srivastava, 411 S.C. […]

How solo attorneys can work fewer hours, make more money, and have greater job satisfaction

When I talk to law students or young attorneys about law office management, I often show them the following formula as a method of getting them to think about structuring their practice: Income = hourly rate x hours billed per week x weeks worked per year x percentage of billing collected x (1-percentage of overhead) […]

Court of Appeals continues recent trend of rejecting a family court’s credibility determinations

One portion of this opinion was substantially modified on February 25, 2015: Refiled opinion in Srivastava makes revisions to equitable distribution ruling. The December 23, 2014 Court of Appeals opinion in Srivastava v. Srivastava has an interesting analysis on the ability to pay as a factor in an award of attorney’s fees in family court actions […]