Posts Tagged ‘Child Support Modification’

SCDSS v. Polite pits pro se against the bureaucracy in a philosophical argument about the nature of justice

An aphorism first year law students are told is “bad facts make bad law.”  The January 19, 2011 Court of Appeals opinion in SCDSS v. Polite, 391 S.C. 275, 705 S.E.2d 78 (Ct. App. 2011), has particularly compelling “bad facts.”  A pro se father’s failure to comply with strict pleading requirements resulted in a seventeen month delay in [...]

When to file a contested marital dissolution action before negotiating and when not to request a temporary hearing when filing a contested family court case

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 [...]

Financial declarations with an eye toward the future

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 [...]

Easy clients/hard clients

A spouse or parent walks into an attorney’s office with a “relationship” problem: he isn’t getting along with his wife and wants out of the marriage; she and the child’s father disagree over how much time he should spend with that child.  Such problems don’t have an obvious or correct solution; rather, to resolve them [...]

A new day in child support agreements

N.B. The holding of Floyd v. Morgan that it took a higher burden of proof to modify support agreement was subsequently overruled in the case of  Lewis v. Lewis, 392 S.C. 381, 709 S.E.2d 650 (2011) With today’s advance sheet, the Supreme Court’s opinion in Floyd v. Morgan, 383 S.C. 469, 681 S.E.2d 570 (2009) becomes final, as the Supreme Court [...]

Small small victory

An appeal I handled for a local colleague, Douglas Barker, resulted in a published opinion today (July 29, 2009) from the Court of Appeals in Spreeuw v. Barker, 385 S.C. 45, 682 S.E.2d 843 (Ct. App. 2009).  It represents a small, perhaps Pyrrhic, victory.  Ms. Spreeuw did not prevail in a single issue in her [...]

Misguided child support decision from South Carolina’s Supreme Court

N.B. The holding of Floyd v. Morgan that it took a higher burden of proof to modify support agreement was subsequently overruled in the case of  Lewis v. Lewis, 392 S.C. 381, 709 S.E.2d 650 (2011) In 2007, the South Carolina Court of Appeals issued a published decision in Floyd v. Morgan, 375 S.C. 246, 652 S.E.2d 83 (Ct. [...]