Posts Tagged ‘Alimony Modification’
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 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 »
Posted Tuesday, May 31st, 2011 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
4 Comments »
The May 31, 2011 South Carolina Supreme Court opinion in Miles v. Miles, 393 S.C. 111, 711 S.E.2d 880 (2011), remedies what many South Carolina family law practitioners, including myself, considered a misguided decision in the case of Floyd v. Morgan, 383 S.C. 469 , 681 S.E.2d 570 (2009) to increase the burden of modifying support [...]
Tags: Alimony Modification, Alimony/Spousal Support, Health Insurance, South Carolina Supreme Court
Posted in Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 4 Comments »
Posted Wednesday, March 16th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The March 16, 2011 Court of Appeals opinion in Biggins v. Burdette, 392 S.C. 241, 708 S.E.2d 237 (Ct.App. 2011), continues the trend of the South Carolina appellate courts to interpret “cohabitation” strictly against an obligor seeking to terminate alimony. South Carolina law terminates alimony “upon the … continued cohabitation of the supported spouse…” S.C. Code Ann. [...]
Tags: Alimony Modification, Attorney's Fees, Cohabitation, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Sunday, July 4th, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Child Custody, Child Support, Equitable Division/Property Division, Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
3 Comments »
It is my experience that most family law attorneys in South Carolina reflexively file a motion for temporary relief when filing a contested family court action or fail to file a marital dissolution action when they hope to negotiate a separation agreement. Yet I know of two good reasons (there may be others) to file [...]
Tags: Alimony Modification, Child Custody Modification, Child Support Modification, Discovery, Equitable Division/Property Division, Family Court Procedure, Guardian ad litem, Litigation Strategy, Marital Litigation in South Carolina, Motions for Temporary Relief
Posted in Alimony/Spousal Support, Child Custody, Child Support, Equitable Division/Property Division, Family Court Procedure, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific | 3 Comments »
Posted Tuesday, June 22nd, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
3 Comments »
Just the past week I have closed a support modification case in which a party’s financial declaration understates that party’s projected future income and taken over another support modification case in which my client did not have the financial declarations the court used to approve his previous support agreement. These are not uncommon experiences but [...]
Tags: Alimony Modification, Child Support Modification, Financial Declarations, Litigation Strategy
Posted in Alimony/Spousal Support, Child Support, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific | 3 Comments »
Posted Wednesday, August 19th, 2009 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The August 19, 2009 Court of Appeals decision in Butler v. Butler, 385 S.C. 328, 684 S.E.2d 191 (Ct.App. 2009) offers the family court bar much guidance in the factors to consider in alimony reduction cases. Many of the factors considered in this opinion have never been addressed in prior published opinions. Butler was an appeal from a [...]
Tags: Alimony Modification, Alimony/Spousal Support, Litigation Strategy, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Tuesday, June 16th, 2009 by Gregory Forman
Filed under Alimony/Spousal Support, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
2 Comments »
Permanent periodic alimony is one debt that may never end until the payor dies. Today’s Court of Appeal’s decision in Fiddie v. Fiddie, 384 S.C. 120, 681 S.E.2d 42 (Ct.App. 2009) is an additional reminder of why payor spouses might want to offer generous lump sum alimony to avoid permanent periodic alimony. The Fiddies’ twenty-eight year marriage ended in [...]
Tags: Alimony Modification, Alimony/Spousal Support, Cohabitation, Litigation Strategy, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 2 Comments »