Posts Tagged ‘Contempt Enforcement Rule to Show Cause’
Posted Wednesday, May 1st, 2013 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
2 Comments »
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 [...]
Tags: Contempt Enforcement Rule to Show Cause, Family Court Procedure, Jurisprudence
Posted in Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | 2 Comments »
Posted Friday, March 22nd, 2013 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
1 Comment »
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 [...]
Tags: Contempt Enforcement Rule to Show Cause, Litigation Strategy
Posted in Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys | 1 Comment »
Posted Monday, March 11th, 2013 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
5 Comments »
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 [...]
Tags: Contempt Enforcement Rule to Show Cause, Litigation Strategy
Posted in Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 5 Comments »
Posted Wednesday, November 21st, 2012 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
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 [...]
Tags: Contempt Enforcement Rule to Show Cause, Family Court Procedure, South Carolina Appellate Court Rules, South Carolina Supreme Court, Supersedeas
Posted in Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, November 21st, 2012 by Gregory Forman
Filed under Attorney's Fees, Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
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 [...]
Tags: Attorney's Fees, Contempt Enforcement Rule to Show Cause, South Carolina Supreme Court, Unpublished Opinions
Posted in Attorney's Fees, Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Sunday, July 29th, 2012 by Gregory Forman
Filed under Child Support, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
3 Comments »
Two different family law attorneys have asked–nay demanded–that I blog about the July 19, 2012 South Carolina Supreme Court Administrative Order suspending application of South Carolina Family Court Rule 24 as it relates to the review and enforcement of Title IV-D child support payments paid through the clerk of court. This suspension is based upon [...]
Tags: Child Support, Contempt Enforcement Rule to Show Cause, Family Court Procedure
Posted in Child Support, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 3 Comments »
Posted Friday, October 28th, 2011 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
1 Comment »
In many of the rules to show cause I prosecute, the opposing party will raise the defense of “unclean hands,” arguing that my client’s failure to fully comply with the terms of the order precludes him or her from any equitably relief in enforcing that order. In eighteen years of practice, I’ve seen the family [...]
Tags: Contempt Enforcement Rule to Show Cause, Unclean hands
Posted in Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 1 Comment »
Posted Thursday, August 25th, 2011 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
7 Comments »
Friend and colleague Mary Jane (M.J.) Goodwin suggested I blog on the propriety of citing unpublished appellate opinions as legal authority in other cases. Are attorneys really doing that? M.J. indicates they are, for example, citing State v. Hercheck to get DUI charges tossed. She’d love to cite SCDSS v. Rene in prosecuting a termination [...]
Tags: Contempt Enforcement Rule to Show Cause, Litigation Strategy, Mary Jane Goodwin, South Carolina Appellate Court Rules, Unpublished Opinions
Posted in Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific | 7 Comments »
