Archive for the ‘Litigation Strategy’ Category

There is no relief from judgment for intrinsic fraud (or do your due diligence)

South Carolina Rule of Civil Procedure 60(b) list five different ways one can use a streamlined procedure to obtain relief from a judgment within one year of the order or judgment. Item three includes, “fraud, misrepresentation, or other misconduct of an adverse party.” While the parallel rule of Federal Procedure, upon which the South Carolina […]

Negotiating alimony or equitable distribution without financial declarations

How many times have I been seduced by an opposing attorney’s siren call to negotiate alimony or property division issues before that attorney’s client will provide me an executed financial declaration? Like some drunken floozy, I promise myself never to let it happen again, only to trip up on occasion and only to wake up […]

Doubling down on stupid

Sometimes the greatest service an attorney can offer a client is to walk the client back from looming disaster. However it requires skill and experience to recognize that disaster awaits, and a different skill set to successfully convince the client that a conciliatory approach is necessary. A decent sized subset of domestic cases involve situations […]

Do you want to be right or do you want to be happy?

There’s a divorce client from five years ago who I have remained friends with on Facebook. When I first met him–and began representing him–he was trying to extricate himself from a short marriage that had produced no children and from a wife who he did not believe was compatible. His wife, while unhappy with him, […]

Obtaining reimbursement of uncovered medical bills

South Carolina’s child support guidelines include a provision for payment of unreimbursed medical expenses for the children. Per these guidelines: The guidelines are based on the assumption that the parent to whom support is owed will be responsible for up to $250.00 per year per child in uninsured medical expenses. The Schedule of Basic Child […]

Updated checklist of questions whose answers can derail a custody or visitation case

Last August I posted a word document containing a checklist of questions that can derail a custody or visitation case.  Being informed recently by a colleague of a case in which a client’s interest in incest porn derailed that client’s visitation case, I have added another question (#24) to the list.  Who knew?

Every Social Security Statement tells a story

The Social Security Statement, mailed annually or available for order online at, is often the most valuable piece of financial information for alimony and child support cases. Don’t go to trial without the client’s and opposing party’s statements.  A sample statement follows: For any American citizen or legal resident whose primary source of income […]

Using the court’s contempt powers to stop visitation interference

There are some custodial parents who are unreasonably resistant to the other parent’s relationship with their child(ren). Often such parents will manipulate and maneuver to prevent the other parent from exercising his or her (because custody typically goes to mothers, primary his) visitation. However, proper application of the family court’s contempt powers can stop such […]