Archive for the ‘Contempt/Enforcement of Orders’ Category

Why I no longer accept service of rules to show cause

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 [...]

United States Supreme Court accepts certiorari on South Carolina child support enforcement case

Yesterday the United States Supreme Court accepted certiorari on the South Carolina case of Price v. Turner,  387 S.C. 142, 691 S.E.2d 470 (2010).  The question Mr. Turner asked the Supreme Court to address was “Whether the Supreme Court of South Carolina erred in holding – in conflict with twenty-two federal courts of appeals and [...]

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 [...]

Calling bullsh*t on custodial parents who let the children decide their visitation

When I first started practicing family law I would encounter a number of visitation enforcement hearings in which the custodial parent tried to excuse his or her failure to have the children visit with the other parent because “the children didn’t want to.”  Occasionally, and much to my frustration, the judges would sometime accept this [...]

The foolishness of agreeing to family court jurisdiction when issues are contested or subject to enforcement

In the first year of law school everyone takes Civil Procedure, where we learn about in rem jurisdiction, quasi in rem jurisdiction and in personam [personal] jurisdiction.  One percent of us understand the concepts clearly and other ninety-nine percent (including me) promptly misremember or forget most of what we learned–and then, possibly, relearn these lessons [...]

Applying Family Court Rule 27 to line jump the docket on visitation enforcement

I met with a father earlier this week for a consult.  He mentioned that he had gone five months without seeing his teenage daughter and his rule to show cause to enforce his visitation was scheduled for a pre-trial but hadn’t been set for hearing.  I found the matter distressing.  As I have previous blogged [...]

Supreme Court rejects claim that indigent is entitled to court appointed attorney to defend civil contempt

I would love to see our South Carolina Supreme Court explain how an indigent holds the key to his cell door by paying $6,000.00 he doesn’t have.  Today’s Supreme Court opinion in Price v. Turner, 387 S.C. 142, 691 S.E.2d 470 (2010), makes that claim but does nothing to substantiate it. I have previously noted two potential challenges to [...]

Court of Appeals clarifies standards for service of notice of UIFSA action and issuance of child support bench warrant

The December 30, 2009 Court of Appeals opinion in SCDSS v. Johnson, 386 S.C. 426, 688 S.E.2d 588 (2009), clarifies the service requirements for notification of attempted registration of a foreign order under the Uniform Interstate Family Support Act (UIFSA) and clarifies when the court can issue a bench warrant for an alleged failure to pay support. [...]