Archive for the ‘Family Court Procedure’ Category
Posted Wednesday, July 20th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
In the July 20, 2011 decision in Ross v. Ross, 394 S.C. 261, 715 S.E.2d 359 (Ct. App. 2011), the Court of Appeals remanded the issue of whether the Wife’s petition for alimony could defeat a claim of untimeliness due to her Husband’s alleged pattern of violence and threats of violence towards her. The Court of [...]
Tags: Alimony/Spousal Support, Equitable Tolling, Family Court Procedure, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Wednesday, June 29th, 2011 by Gregory Forman
Filed under Attorney's Fees, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
No Comments »
South Carolina attorneys are expected to be collegial. Part of that collegiality is a reluctance to file motions to compel discovery responses and a frequent acceptance of discovery responses that are incomplete or evasive. Another part of that collegiality is a general understanding that a demand for fees as part of a motion to compel [...]
Tags: Attorney's Fees, Discovery, Family Court Procedure
Posted in Attorney's Fees, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific | No Comments »
Posted Wednesday, June 29th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The June 29, 2011 Court of Appeals opinion in Wannamaker v. Wannamaker, 395 S.C. 592, 719 S.E.2d 261 (Ct. App. 2011) (refiled August 11, 2011 with a slightly altered analysis of the equitable distribution issue) involved three issues, two of which were not novel. The unnovel issues: In a sixteen year marriage, where the supported spouse earns $30k [...]
Tags: Alimony/Spousal Support, Family Court Procedure, Post-Trial Motions, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Friday, May 27th, 2011 by Gregory Forman
Filed under Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
My client, for completely explicable reasons, but much to my disappointment, has decided not to seek rehearing and eventual certiorari of the unpublished May 18, 2011 Court of Appeals opinion in Dulaney v. Dulaney. In a completely related item, I just finished my second day of cross examining an alleged contemnor in a rule to [...]
Tags: Barry W. Knobel, Credibility, Jurisprudence, South Carolina Court of Appeals
Posted in Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Thursday, May 12th, 2011 by Barry Knobel
Filed under Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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From guest blogger, the Formerly Honorable Barry W. Knobel. I jokingly refer to Barry W. Knobel as “formerly honorable” because he stepped down from the family court been in 2009 to start a practice devoted to family law mediation and arbitration. His analysis of the May 9, 2011 Supreme Court decision in Lewis v. Lewis, 392 S.C. [...]
Tags: Barry W. Knobel, Jurisprudence, South Carolina Supreme Court
Posted in Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, May 11th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The 2006 Court of Appeals opinion in Simmons v. Simmons, 370 S.C. 109, 634 S.E.2d 1 (Ct. App. 2006) voided a provision in the parties’ 1990 court-approved equitable distribution agreement that gave Wife a portion of Husband’s Social Security benefits. The Court of Appeals found that this provision violated 42 U.S.C. § 407(a) of the Social [...]
Tags: Alimony/Spousal Support, Civil Procedure, Equitable Division/Property Division, Jurisprudence, Paul Tinkler, Post-Trial Motions, South Carolina Supreme Court
Posted in Alimony/Spousal Support, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Friday, May 6th, 2011 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
No Comments »
While the rules of civil procedure don’t create a distinction, there are really two types of motions to compel discovery. The first type of motion to compel seeks to compel a party that hasn’t answered discovery to answer discovery. See SCRCP 37(a)(2). The second type of motion to compel is based on SCRCP 37(a)(3), which [...]
Tags: Civil Procedure, Discovery, Litigation Strategy
Posted in Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys | No Comments »
