Archive for the ‘South Carolina Appellate Decisions’ Category

Family court attorney gets public reprimand for inaccurate client affidavit

In what should put chills in my fellow family law attorneys’ spines, on July 2, 2014, a South Carolina family law attorney was publicly reprimanded by the South Carolina Supreme Court for submitting an inaccurate affidavit of his client at a temporary hearing. This attorney’s mistake seems pretty innocent to me. It appears the attorney […]

Supreme Court completely reverses Court of Appeals and reinstates family court’s alimony, property division and attorney fee award

The July 2, 2014 Supreme Court opinion in Crossland v. Crossland completely reverses the prior Court of Appeals opinion and reinstates family court’s alimony, property division and attorney fee award. The family court had awarded Wife permanent periodic alimony. The Court of Appeals remanded the alimony award back to the family court because the family […]

Unpublished Court of Appeals opinion undefinitively answers one of my family court questions

The June 25, 2014 unpublished Court of Appeals opinion in Katzburg v. Katzburg undefinitively answers one of my long-standing family court questions. I was retained by Mr. Katzburg after he was incarcerated by the family court for failing to comply with a New Jersey divorce decree that had been turned into a money judgment and […]

Court of Appeals rules prevailing party shouldn’t have to pay the other side’s attorney’s fees

The June 4, 2014 Court of Appeals opinion in Brown v. Brown reversed a $5,000 attorney fee award the family court made to Mother despite Father prevailing on the contested issue of which child support worksheet to use. The primary issues at trial were the number of overnights Father was spending with the children and […]

Court of Appeals slightly modifies prior published opinion of Teeter v. Teeter

On May 21, 2014 the Court of Appeals slightly modified its prior published opinion in the case of Teeter v. Teeter.  As near as I can tell the only difference is that, rather than simply awarding Husband an additional $31,751.95 in equitable distribution, it remanded the matter back “to the family court to determine how the […]

Court of Appeals finds adultery by both spouses and changes ground for divorce

In the extremely odd May 14, 2014 opinion of Mick-Skaggs v. Skaggs, the South Carolina Court of Appeals modified the grounds for divorce from one year’s separation to mutual adultery but otherwise left the family court’s order intact. At trial both parties alleged adultery against the other and Wife sought alimony. The trial court denied both […]

Adult protective services opinion has implications for abuse and neglect cases

The April 30, 2014 South Carolina Supreme Court opinion in the case of In the Interest of Jane Doe, 407 S.C. 623, 757 S.E.2d 711 (2014), provides a rare interpretation of South Carolina’s adult protective services statute and may have implications for South Carolina’s child abuse and neglect statutes. Because the probate court handles the appointment of […]

Court of Appeals reverses family court determination that prenuptial agreement was unconscionable on equitable distribution

The April 16, 2014 Court of Appeals opinion in Hudson v. Hudson, 408 S.C. 76, 757 S.E.2d 727 (Ct. App. 2014), reversed the family court’s determination that the parties’ prenuptial agreement was unconscionable on the issue of the equitable distribution of Husband’s pre-marital businesses. The prenuptial agreement included a mutual waiver of alimony, as well as a […]