Archive for the ‘Child Support’ Category

SCDSS v. Polite pits pro se against the bureaucracy in a philosophical argument about the nature of justice

An aphorism first year law students are told is “bad facts make bad law.”  The January 19, 2011 Court of Appeals opinion in SCDSS v. Polite, 391 S.C. 275, 705 S.E.2d 78 (Ct. App. 2011), has particularly compelling “bad facts.”  A pro se father’s failure to comply with strict pleading requirements resulted in a seventeen month delay in [...]

Provision for adjustment of child support using a “Shared Parenting Formula” [Schedule C]

From Guest Blogger, the Honorable Barry W. Knobel I’ve been involved in a number of mediations in which we were working to settle a child support issue for the parties who had agreed upon a “shared parenting” arrangement, using, essentially, a Paparella-styled formula. In trying to establish a “range of acceptability” within which to work, the parties agreed, [...]

Divorcing child custody from child support

A colleague of mine, Casie N. Suddeth, posted on facebook about an Ontario Canada divorce case in which the judge became so frustrated with the parties and their acrimony that he awarded custody to the mother but only required the father to pay $1.00 per month in child support.  See The Divorce So Bad it [...]

Court of Appeals refuses to answer $64,000 question regarding husband’s income

The December 22, 2010 Court of Appeals opinion in Sanderson v. Sanderson, 391 S.C. 249, 705 S.E.2d 65 (Ct. App. 2010), reversed the family court in its decision to impute $64,000 annual income to an unemployed husband for the purpose of setting his child support and alimony obligations.  While the Court of Appeals was probably correct in determining that [...]

Court of Appeals decision in Mosley addresses child support and equitable distribution issues

The November 10, 2010 Court of Appeals opinion in Mosley v. Mosley, 390 S.C. 524, 702 S.E.2d 253 (Ct. App. 2010) reversed the family court’s determinations on child support and equitable distribution and remanding the issue of attorney’s fees.  There was little very novel about the facts in Mosley but the Court of Appeals opinion does [...]

Challenging improperly issued ex-parte support orders

In South Carolina most child support or alimony orders in which the support will be paid directly have a standard provision involving late payments.  This provision is so common I actually have a macro, “5 day,” to type the necessary language: The Defendant shall pay this support directly to the Plaintiff.  If he is ever [...]

High income child support in South Carolina: extrapolation versus the “Three Pony Rule”

A belief undergirding support guidelines is that children are entitled to enjoy a lifestyle similar to their parents, but if daddy has an entourage does this mean the children deserve one too? How to determine child support when the parents’ combined income is above the child support guidelines is an issue increasingly litigated but infrequently [...]

Treating Unwed Daddies as Wallets

I had lunch yesterday with Charlie F.P. Segars-Andrews, who mentioned she had been contacted to do work with an agency, Responsible Committed Fatherhood Initiative, attempting to assist fathers establish visitation at the same time the Department of Social Services establishes child support.  Given my interest in assisting such fathers obtain court-ordered visitation–my most recent volunteer case [...]