Posts Tagged ‘Attorney’s Fees’

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 […]

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 finds prenuptial agreement only partially limited family court’s jurisdiction

The March 26, 2014 Court of Appeals opinion in Meehan v. Meehan, 407 S.C. 471, 756 S.E.2d 398 (Ct. App. 2014) determined that the Meehans’ prenuptial divested the family court of jurisdiction for some issues but not the issue of attorney’s fees as it related to child custody and support. Prior to their marriage, the Meehans entered […]

The potential domestic client who wants the attorney to work on promise of payment

The combination of the front loaded nature of contested family court cases (i.e., preparing for motions for temporary relief) and the general reluctance of attorneys to sue clients for fees means that experienced family law attorneys generally require significant up-front retainers before beginning representation.  However many (most?) folks who needs family court attorneys have limited […]

Obtaining funding for an ongoing family court case

Unless one filed a specific request for advance suit costs, at most motions for temporary relief the family court will only award fees (if it awards fees) that cover work done through the motion for temporary relief.  However in contested family court cases (and if one needs a contested motion for temporary relief the case […]

When can a family law attorney be required to pay the other party’s fees?

A few weeks ago one of my mentees inquired whether there were circumstances in which an attorney could be required to pay the other party’s attorney’s fees.  There are two circumstances I am aware of and a wise attorney avoids those circumstances. An attorney can be required to pay the other side’s fees for having […]

Supreme Court alters equitable distribution award and reverses reservation of alimony

N.B., on May 8, 2013, the South Carolina Supreme Court slightly modified its original opinion.  For more information read Supreme Court reconsiders equitable distribution of marital home. The February 20, 2013 Supreme Court opinion in Wilburn v. Wilburn deals with numerous interesting, sometimes novel, equitable distribution issues.  The appeal stemmed from a divorce action in a […]

South Carolina Supreme Court September 2012 case of the month fizzles into unpublished dud

Ex parte: Belinda Davis-Branch. In re: Larry Solomon v. Betty Jean Solomon was the South Carolina Supreme Court’s September 2012 “Case of the Month.”  Had the Supreme Court affirmed the family court’s ruling–which I was almost certain it wouldn’t–it might have revolutionized family law attorney fee collection practice in South Carolina and made it much […]