Posts Tagged ‘Contempt Enforcement Rule to Show Cause’

Getting the child’s items returned at the end of visitation

Recently I prosecuted a rule to show cause in which one of my client’s goal was to get her child’s items returned. The father’s visitation had been cut short and he failed to return the child’s clothes and electronics when the visitation ended. Since these were clothes and electronics that my client had purchased, and […]

Previously unpublished opinion answers question of where to enforce foreign equitable distribution orders

On July 30, 2014 the South Carolina Court of Appeals published the previously unpublished opinion in the case of Katzburg v. Katzburg, 410 S.C. 184, 764 S.E.2d 3 (Ct. App. 2014). This opinion answers the frequently recurring question of where to enforce foreign state’s equitable distribution orders. The answer: circuit court. A more detailed analysis of the […]

Unpublished Court of Appeals opinion undefinitively answers one of my family court questions

The June 25, 2014 unpublished Court of Appeals opinion in Katzburg v. Katzburg undefinitively answers one of my long-standing family court questions. I was retained by Mr. Katzburg after he was incarcerated by the family court for failing to comply with a New Jersey divorce decree that had been turned into a money judgment and […]

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 […]