Archive for the ‘Contempt/Enforcement of Orders’ Category
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
7 Comments »
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 »
Posted Friday, October 28th, 2011 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
1 Comment »
In many of the rules to show cause I prosecute, the opposing party will raise the defense of “unclean hands,” arguing that my client’s failure to fully comply with the terms of the order precludes him or her from any equitably relief in enforcing that order. In eighteen years of practice, I’ve seen the family [...]
Tags: Contempt Enforcement Rule to Show Cause, Unclean hands
Posted in Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 1 Comment »
Posted Thursday, August 25th, 2011 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
7 Comments »
Friend and colleague Mary Jane (M.J.) Goodwin suggested I blog on the propriety of citing unpublished appellate opinions as legal authority in other cases. Are attorneys really doing that? M.J. indicates they are, for example, citing State v. Hercheck to get DUI charges tossed. She’d love to cite SCDSS v. Rene in prosecuting a termination [...]
Tags: Contempt, Litigation Strategy, Mary Jane Goodwin, South Carolina Appellate Court Rules, Unpublished Opinions
Posted in Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific | 7 Comments »
Posted Monday, August 1st, 2011 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
2 Comments »
Members of the family court bar should thank pro se litigant Brian DiMarco for taking his appeal all the way to the South Carolina Supreme Court to fight a $250.00 fine. The Supreme Court’s August 1, 2011 opinion in DiMarco v. DiMarco, 393 S.C. 604, 713 S.E.2d 631 (2011), provides excellent guidance on the distinction between criminal and civil [...]
Tags: Contempt Enforcement Rule to Show Cause, Criminal Contempt, South Carolina Supreme Court
Posted in Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 2 Comments »
Posted Monday, June 20th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Contempt/Enforcement of Orders, Jurisprudence, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, United States Supreme Court Decisions
4 Comments »
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 [...]
Tags: Alimony/Spousal Support, Child Support, Contempt Enforcement Rule to Show Cause, Due Process, Jurisprudence, United States Supreme Court
Posted in Alimony/Spousal Support, Child Support, Contempt/Enforcement of Orders, Jurisprudence, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, United States Supreme Court Decisions | 4 Comments »
Posted Saturday, May 28th, 2011 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
4 Comments »
A common restraint in South Carolina family court orders involving custody or visitation with minor children is a restraint against “exposing the children to members of the opposite sex, unrelated by blood or marriage, overnight.” South Carolina family court culture does not approve of non marital sexual activity and these restraining orders are the court’s [...]
Tags: Child Custody, Contempt, Jurisprudence, Sex
Posted in Child Custody, Contempt/Enforcement of Orders, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 4 Comments »
Posted Thursday, April 14th, 2011 by Gregory Forman
Filed under Audience:, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
No Comments »
When an opposing party lives or has assets in South Carolina, it can often be more effective to enforce a foreign state’s domestic relations order in South Carolina than to enforce it in the state where it was issued. If the party against whom the order is being enforced no longer lives in the issuing [...]
Tags: Family Court Procedure, Uniform Interstate Child Custody Jurisdiction & Enforcement Act (UCCJEA), Uniform Interstate Family Support Act
Posted in Audience:, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific | No Comments »
Posted Saturday, April 2nd, 2011 by Gregory Forman
Filed under Attorney-Client Relations, Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
5 Comments »
Yesterday two different attorneys asked me about accepting service on behalf of a client for rules to show cause. While I will routinely accept service of pleadings (with my client’s permission, of course) I’ve determined it’s unsafe for an attorney to accept service of a rule to show cause on behalf of a client and [...]
Tags: Acceptance of Service, Attorney-Client Relations, Contempt, Litigation Strategy, Rules to Show Cause
Posted in Attorney-Client Relations, Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys | 5 Comments »
