Posts Tagged ‘Attorney’s Fees’

Don’t expect the other side to pay your attorney’s fees

Folks going through marital litigation–and, less often, folks going through custody disputes– often contact me regarding representation with the expectation that the other side will be required to pay my fee and the concurrent hope that I will work without an initial retainer (or for a low retainer) based upon that expectation. These litigants assume […]

South Carolina Court of Appeals opinion highlights the importance of accurate financial declarations

My clients get sick of me harping on refining and corroborating their financial declarations before we file them. In the future I will direct them to the April 5, 2017 Court of Appeals opinion in Sweeney v. Sweeney and remind them how both parties were harmed by financial declarations that were inaccurate or uncorroborated. Husband […]

How to enforce an attorney fee award

A few months ago my mentee observed me enforce my attorney fee award through a family court contempt proceeding. Expecting me to prove the contempt through my client’s testimony, she was surprised when I testified first and asked my client very few questions when I called him as a witness. The method attorneys typically use […]

Wife’s lack of corroborating evidence mostly dooms her appeal

In the Sir Arthur Conan Doyle story “Adventure of the Silver Blaze,” Sherlock Holmes deduces the identity of the thief, in part, by noting that a dog did not bark, indicating the thief was no stranger. Holmes understood that the absence of evidence can be as telling as evidence itself. This is often true in […]

Five years of litigation, all for naught

Pity poor Lori Stoney, a fellow member of the Charleston County family court bar, and the appellant in the July 27, 2016 Court of Appeals opinion in Stoney v. Stoney, 417 S.C. 345, 790 S.E.2d 31 (Ct. App. 2016).  After waiting over 20 months from oral argument to the decision, the Court of Appeals simply […]

Court of Appeals partially reduces Husband’s alimony reduction in case Husband probably wishes he never filed

One of my harder tasks practicing family law in South Carolina is advising ex-spouses with alimony obligations whether and how much their obligation might change based on reduced income. The July 27, 2016 Court of Appeals opinion in Woods v. Woods, 418 S.C. 100, 790 S.E.2d 906 (Ct. App. 2016) does not provide additional clarity […]

Court of Appeals affirms contempt finding against mother who didn’t force children to visit

Calling bullsh*t on custodial parents who let the children decide their visitation is one of my most controversial and by far my most commented-upon blog.  In that blog I argue that it is the custodial parent’s job to require the children spend their court-ordered visitation time with the non-custodial parent (assuming that parent wants to […]

“Hammered” by the family court, Court of Appeals hammers Husband again

There are some family court smack-downs that beg for an appeal. And there are some Court of Appeals decisions that beg for a petition for certiorari. The April 13, 2016 opinion in Fredrickson v. Schulze, 416 S.C. 141 785 S.E.2d 392 (Ct. App. 2016), is one such case. Husband, Schulze, appealed many aspects of the family court’s […]