Archive for the ‘Contempt/Enforcement of Orders’ Category

No lesson learned two years after the spanking

Two years after the United States Supreme Court reversed the South Carolina Supreme Court in Turner v. Rodgers, 131 S.Ct. 2507 (2011), I see no evidence that our family court system has taken any of Turner’s ruling to heart.  This is partially the fault of our state Supreme Court, which has failed to exercise its [...]

Renegotiating with litigants who won’t obey their previous court-approved agreements

Folks who refuse to comply with their court-approved agreements but then ask you to renegotiate those agreements to make them more to their liking are akin to domestic abusers attempting to sweet talk their way back into the home.  Which makes the folks who agree to renegotiate agreements that the other side won’t obey…..abused. Just [...]

Going for the “easy kill” in contempt proceedings

Clients seeking to hold the other party in contempt for violation of a family court order often present a mix of potential contempt claims.  Some of these claims will merely seek compliance with the court order.  An example might be a contempt action for unpaid support, in which the goal is to get the other [...]

Supreme Court holds that family court temporary order is never automatically stayed by appeal

In the November 21, 2012 opinion of Terry v. Terry, 400 S.C. 453, 734 S.E.2d 646 (2012) the South Carolina Supreme Court clarifies the effect of filing a notice of appeal on the enforcement of temporary orders.  Here the family court issued a temporary order requiring Husband to vacate the marital home.  Husband refused to do so [...]

South Carolina Supreme Court September 2012 case of the month fizzles into unpublished dud

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 [...]

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 [...]

South Carolina Supreme Court promulgates rules for rules to show cause in family court

On April 30, 2012, the South Carolina Supreme Court finally created the long-awaited, oft-deferred family court rules for the handling of rules to show cause.  Those rules are now set forth in South Carolina Family Court Rule 14. This new rule establishes formal procedures regarding rules to show cause.  Most of these changes merely codify [...]

One hundred things I don’t know about South Carolina family law

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 [...]