Archive for the ‘Child Support’ Category

Hawkins affirms denial of child support reduction to downsized, underemployed father

The April 17, 2013 Court of Appeals opinion in Hawkins v. Hawkins demonstrates the continued reluctance of the family courts to reduce child support obligations for downsized non-custodial parents. In Hawkins, the parties’ divorce decree specifically allowed child support to be recalculated pursuant to the South Carolina Child Support Guidelines on an annual basis.  In [...]

Lewis affirms child custody but remands child support based on improper imputation of husbands’s income

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 [...]

Improper computation of rental income causes Court of Appeals to remand child support determination

South Carolina attorney Brian A. DiMarco must really love our appellate courts in August because for the second straight August he has obtained a published victory in his own domestic litigation.  The August 15, 2012 Court of Appeals opinion in DiMarco v. DiMarco, 399 S.C. 295, 731 S.E.2d 617 (Ct. App. 2012), partially reversed and remanded the [...]

Are you paying too much in weekly support?

When translating support from a monthly payment amount to a weekly payment amount, family court attorneys and judges divide the weekly amount by 4 1/3.  That is based on 52 weeks in 12 months and 52 divided by 12 is 4 1/3. However this math isn’t entirely accurate.  First of all there are 365 days [...]

South Carolina Supreme Court’s Suspension of Family Court Rule 24 for Title IV-D Cases

Two different family law attorneys have asked–nay demanded–that I blog about the July 19, 2012 South Carolina Supreme Court Administrative Order suspending application of South Carolina Family Court Rule 24 as it relates to the review and enforcement of Title IV-D child support payments paid through the clerk of court.  This suspension is based upon [...]

A new front in the battle of the sexes

A recent scientific breakthrough allows the paternity of an unborn child to be determined through a blood test of the mother as early as the eighth or ninth week of pregnancy.  This prompted Shari Motro, a law professor at the University of Richmond, to write an op-ed piece for the New York Times suggesting the [...]

For second consecutive week Court of Appeals reverses and remands family court order due to inadequate factual findings

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 [...]

Pay your support early

Typical language in South Carolina support orders is: The obligor shall pay support directly to the obligee.  If the obligor is ever more than five days late making a payment, the obligee may file an ex-parte affidavit and order with the Family Court to have the obligor pay this support through the court with costs [...]