Are you seeking to modify or enforce that family court final order (or do both)?
Posted Saturday, October 10th, 2020 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
In my eleven-plus years of doing this blog I’ve yet to write about the different procedures and goals in modifying versus enforcing a final order
Family court “emergencies” in the COVID-19 era
Posted Sunday, March 22nd, 2020 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
In a pair of March 18, 2020 orders, South Carolina Supreme Court Chief Justice Donald W. Beatty cancelled all family court terms of court through
Visitation denial in the COVID-19 era
Posted Sunday, March 22nd, 2020 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, Visitation
COVID-19 is the first airborne global pandemic to take place since the development of specialized family courts in the United States. Never before has mandated
“Force majeure” as a defense to family court contempt
Posted Thursday, March 19th, 2020 by Gregory Forman
Filed under Child Support, Contempt/Enforcement of Orders, Not South Carolina Specific, Of Interest to General Public
Given the impact on the new coronavirus on South Carolina businesses, I’ve had more than one client ask me about paying court-ordered support obligations at
What are the potential remedies for notice-based contempt pleadings?
Posted Thursday, February 14th, 2019 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
Late last month the family court issued a contempt petition against a client of mine in which the petition was a “notice” pleading, not a
South Carolina child custody restraining orders I really hate
Posted Saturday, August 26th, 2017 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
By the same process that causes attorneys’ boilerplate to grow over time–they borrow “good” ideas from other attorneys but never weed out redundant or obsolete
Who has the burden of proof on the willfulness element of contempt?
Posted Sunday, May 21st, 2017 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
A few days ago I prosecuted a contempt action. The proof for one of the allegations of contempt was very document intensive and mathematical–reimbursement for
South Carolina Court of Appeals opinion highlights the importance of accurate financial declarations
Posted Tuesday, April 11th, 2017 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Contempt/Enforcement of Orders, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
My clients get sick of me harping on refining and corroborating their financial declarations before we file them. In the future I will direct them
How to enforce an attorney fee award
Posted Thursday, November 17th, 2016 by Gregory Forman
Filed under Attorney's Fees, Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
A few months ago my mentee observed me enforce my attorney fee award through a family court contempt proceeding. Expecting me to prove the contempt
Where should one enforce a support order when the obligor resides elsewhere?
Posted Wednesday, November 2nd, 2016 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
A common dilemna in family law is enforcing a support order when the obligor no longer resides in the issuing state. There are two reasonable
