Posts Tagged ‘Alimony/Spousal Support’

Court of Appeals holds ex-wife’s alimony claim possibly not time barred due to ex-husband’s violence and threats

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 [...]

Ending the alimony guessing game

An editorial in today’s New York Times, Ending the alimony guessing game, by Alexandra Harwin, a 2011 Yale Law School graduate, highlights New York State’s recent enactment of explicit temporary alimony guidelines.  Under the formula, alimony is set at 30 percent of the higher-earning spouse’s income, minus 20 percent of the lower-earning spouse’s, as long [...]

Court of Appeals holds Rule 59(e) motion does not authorize family court to modify final order, sua sponte, in manner not requested by the moving party

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 [...]

United States Supreme Court finds that indigent defendant is not entitled to appointed counsel for child support civil contempt proceeding but still vacates South Carolina Supreme Court judgment of civil contempt

The June 20, 2011 United States Supreme Court opinion in Turner v. Rogers, 131 S.Ct. 2507 (2011), will radically alter the way the South Carolina Family Court handles child support (and alimony) enforcement.  It’s about time. Turner’s challenge before the United States Supreme Court regarded the South Carolina Supreme Court’s determination that he was not entitled to [...]

Supreme Court drops burden to modify support agreements; holds requirement to maintain health insurance is a form of modifiable alimony despite parties’ waiver of alimony

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 [...]

Supreme Court authorizes use of SCRCP 60(b)(5) to right obvious injustice

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 [...]

Court of Appeals decision provides rare guidance on standards for appeal of family court temporary orders

The April 27, 2011 Court of Appeals decision in Grumbos v. Grumbos, 393 S.C. 33, 710 S.E.2d 76 (Ct.App. 2011), treads much familiar ground.  To wit: A ten year marriage with no listed fault in the breakup results in a permanent periodic alimony award to a wife in her mid-40′s with a college degree from a [...]

Maybe we’re taking the deference to the family court judge’s credibility determinations too far?

The February 23, 2011 Court of Appeals opinion in Reiss v. Reiss, 392 S.C. 198, 708 S.E.2d 799 (Ct.App 2011) makes me question whether the appellate courts are taking the deference to family court judge’s credibility findings too far.  In Reiss, Husband got beaten miserably at trial and he didn’t obtain any relief from this appeal. [...]