Posts Tagged ‘Child Support’

Provision for adjustment of child support using a “Shared Parenting Formula” [Schedule C]

From Guest Blogger, the Honorable Barry W. Knobel I’ve been involved in a number of mediations in which we were working to settle a child support issue for the parties who had agreed upon a “shared parenting” arrangement, using, essentially, a Paparella-styled formula. In trying to establish a “range of acceptability” within which to work, the parties agreed, [...]

Divorcing child custody from child support

A colleague of mine, Casie N. Suddeth, posted on facebook about an Ontario Canada divorce case in which the judge became so frustrated with the parties and their acrimony that he awarded custody to the mother but only required the father to pay $1.00 per month in child support.  See The Divorce So Bad it [...]

Court of Appeals refuses to answer $64,000 question regarding husband’s income

The December 22, 2010 Court of Appeals opinion in Sanderson v. Sanderson, 391 S.C. 249, 705 S.E.2d 65 (Ct. App. 2010), reversed the family court in its decision to impute $64,000 annual income to an unemployed husband for the purpose of setting his child support and alimony obligations.  While the Court of Appeals was probably correct in determining that [...]

Court of Appeals decision in Mosley addresses child support and equitable distribution issues

The November 10, 2010 Court of Appeals opinion in Mosley v. Mosley, 390 S.C. 524, 702 S.E.2d 253 (Ct. App. 2010) reversed the family court’s determinations on child support and equitable distribution and remanding the issue of attorney’s fees.  There was little very novel about the facts in Mosley but the Court of Appeals opinion does [...]

United States Supreme Court accepts certiorari on South Carolina child support enforcement case

Yesterday the United States Supreme Court accepted certiorari on the South Carolina case of Price v. Turner,  387 S.C. 142, 691 S.E.2d 470 (2010).  The question Mr. Turner asked the Supreme Court to address was “Whether the Supreme Court of South Carolina erred in holding – in conflict with twenty-two federal courts of appeals and [...]

High income child support in South Carolina: extrapolation versus the “Three Pony Rule”

A belief undergirding support guidelines is that children are entitled to enjoy a lifestyle similar to their parents, but if daddy has an entourage does this mean the children deserve one too? How to determine child support when the parents’ combined income is above the child support guidelines is an issue increasingly litigated but infrequently [...]

Lessons in imputed income from the Court of Appeals

Have some sympathy for Family Court Judge Leslie K. Riddle, whose decision in the case of Marchant v. Marchant, 390 S.C. 1, 699 S.E.2d 708 (Ct.App. 2010), was affirmed as modified by the Court of Appeals with Wife successfully challenging one of the numerous decisions by Judge Riddle on whether and how to impute income [...]

Treating Unwed Daddies as Wallets

I had lunch yesterday with Charlie F.P. Segars-Andrews, who mentioned she had been contacted to do work with an agency, Responsible Committed Fatherhood Initiative, attempting to assist fathers establish visitation at the same time the Department of Social Services establishes child support.  Given my interest in assisting such fathers obtain court-ordered visitation–my most recent volunteer case [...]