Archive for the ‘South Carolina Appellate Decisions’ Category
Posted Wednesday, February 1st, 2012 by Gregory Forman
Filed under Audience:, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific
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While I’ve never considered it a gray area whether it was permissible for attorneys to have sexual relations with their domestic clients (except when representing one’s own spouse in a child custody or support case, which is merely a bad idea), some attorneys believe otherwise. On February 1, 2012, the South Carolina Supreme Court gave [...]
Tags: Rules of Professional Conduct, South Carolina Supreme Court
Posted in Audience:, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, February 1st, 2012 by Gregory Forman
Filed under Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
The February 1, 2012 Supreme Court decision Chisholm v. Chisholm, 396 S.C. 507, 722 S.E.2d 222 (2012), caps decade-long litigation into the amount of attorneys fees Husband is required to pay Wife. Meanwhile, the Supreme Court’s majority opinion unwittingly implicates issue preservation concerns that might seem to require a prevailing party on appeal in the Court of Appeals [...]
Tags: Attorney's Fees, South Carolina Supreme Court
Posted in Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Thursday, January 26th, 2012 by Gregory Forman
Filed under Equitable Division/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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The January 25, 2012 Court of Appeals opinion in Mullarkey v. Mullarkey, 397 S.C. 182, 723 S.E.2d 249 (Ct. App. 2012), provides valuable guidance on how to obtain clarification of an unclear “final” final order (“final” in the sense that all allowable post-trial motions and appeals have already been resolved or the time period to file such [...]
Tags: Equitable Division/Property Division, Family Court Procedure, South Carolina Court of Appeals
Posted in Equitable Division/Property Division, 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 Wednesday, January 25th, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
Even though he was reversed, one has to admire the clarity of Judge R. Kinard Johnson, Jr.’s views on age, retirement and alimony. Judge Johnson was asked to determine Husband’s request to reduce his alimony based on Husband’s claim that his medical condition limited his ability to work. Husband was 67 years old at the [...]
Tags: Alimony Modification, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Saturday, January 7th, 2012 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
4 Comments »
Two of my frequent complaints are that South Carolina family law attorneys don’t appeal enough of the decisions they believe are unjust and that the South Carolina appellate courts don’t publish enough of their family court decisions. As a result of these two factors, the development of family law in South Carolina fails to [...]
Tags: Jurisprudence, South Carolina Court of Appeals, South Carolina Supreme Court
Posted in Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 4 Comments »
Posted Tuesday, December 27th, 2011 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
2 Comments »
The December 21, 2011 Court of Appeals opinion in Sanders v. Sanders, 396 S.C. 410, 722 S.E.2d 15 (Ct. App. 2011), demonstrates the continuing confused jurisprudence regarding transmutation of non marital assets. It also highlights the problems that result when the trial court is provided insufficient information from the parties to make a complete decision. Sanders involved a [...]
Tags: Equitable Division/Property Division, South Carolina Court of Appeals
Posted in Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 2 Comments »
Posted Friday, December 23rd, 2011 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
In the December 16, 2011 opinion in SCDSS v. Mother and Father, 396 S.C. 390, 720 S.E.2d 920 (Ct. App. 2011), the Court of Appeals reversed a family court permanency planning order requiring the Department of Social Services (DSS) to bring a termination of parental rights (TPR) action against Mother and instead ordered the matter remanded for [...]
Tags: Child Abuse and Neglect, Department of Social Services, South Carolina Court of Appeals, Termination of Parental Rights
Posted in Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Friday, December 23rd, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
In South Carolina, child support, child custody and permanent periodic alimony can all be modified upon a showing of “substantial change of circumstances.” However, there is an exception to this general principle: if the change of circumstances was anticipated at the time of the previous final order, then the change of circumstances is not a [...]
Tags: Alimony Modification, Jurisprudence, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
