Posts Tagged ‘Contempt Enforcement Rule to Show Cause’

Court of Appeals reverses finding of contempt, finding Mother’s non-compliance not willful

The October 30, 2013 Court of Appeals opinion in Ward v. Washington, 406 S.C. 249, 750 S.E.2d 105 (Ct. App. 2013), reversed a finding of contempt despite Mother’s non-compliance in denying Father Labor Day visitation because it found Mother’s non-compliance wasn’t willful. In 2009 the parties reached an agreement that modified Father’s visitation from a 2007 […]

Contempt sanction notice in family court orders

I actually have a form file, contempt sanction notice, that contains language I infrequently include at the bottom of proposed family court orders: Take notice that this is a court order within the jurisdiction of the family court.  Violation of a family court order in South Carolina may result in a proceeding for contempt of […]

Court of Appeals provides guidance on enforcing equitable distribution orders when a party doesn’t own the subject property

The June 26, 2013 Court of Appeals opinion in Simpson v. Simpson, 404 S.C. 563, 746 S.E.2d 54 (Ct. App. 2013), provides quite useful guidance as to how the family court is to effectuate a final property division order when a party claims it doesn’t own title to the property. In Simpson, Wife had filed a […]

No lesson learned two years after the spanking

Two years after the United States Supreme Court reversed the South Carolina Supreme Court in Turner v. Rodgers, 131 S.Ct. 2507 (2011), I see no evidence that our family court system has taken any of Turner’s ruling to heart.  This is partially the fault of our state Supreme Court, which has failed to exercise its […]

Renegotiating with litigants who won’t obey their previous court-approved agreements

Folks who refuse to comply with their court-approved agreements but then ask you to renegotiate those agreements to make them more to their liking are akin to domestic abusers attempting to sweet talk their way back into the home.  Which makes the folks who agree to renegotiate agreements that the other side won’t obey…..abused. Just […]

Going for the “easy kill” in contempt proceedings

Clients seeking to hold the other party in contempt for violation of a family court order often present a mix of potential contempt claims.  Some of these claims will merely seek compliance with the court order.  An example might be a contempt action for unpaid support, in which the goal is to get the other […]

Supreme Court holds that family court temporary order is never automatically stayed by appeal

In the November 21, 2012 opinion of Terry v. Terry, 400 S.C. 453, 734 S.E.2d 646 (2012) the South Carolina Supreme Court clarifies the effect of filing a notice of appeal on the enforcement of temporary orders.  Here the family court issued a temporary order requiring Husband to vacate the marital home.  Husband refused to do so […]

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 […]