Posts Tagged ‘Contempt Enforcement Rule to Show Cause’
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 Monday, August 1st, 2011 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
2 Comments »
Members of the family court bar should thank pro se litigant Brian DiMarco for taking his appeal all the way to the South Carolina Supreme Court to fight a $250.00 fine. The Supreme Court’s August 1, 2011 opinion in DiMarco v. DiMarco, 393 S.C. 604, 713 S.E.2d 631 (2011), provides excellent guidance on the distinction between criminal and civil [...]
Tags: Contempt Enforcement Rule to Show Cause, Criminal Contempt, South Carolina Supreme Court
Posted in Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 2 Comments »
Posted Monday, June 20th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Contempt/Enforcement of Orders, Jurisprudence, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, United States Supreme Court Decisions
4 Comments »
The June 20, 2011 United States Supreme Court opinion in Turner v. Rogers, 131 S.Ct. 2507 (2011), will radically alter the way the South Carolina Family Court handles child support (and alimony) enforcement. It’s about time. Turner’s challenge before the United States Supreme Court regarded the South Carolina Supreme Court’s determination that he was not entitled to [...]
Tags: Alimony/Spousal Support, Child Support, Contempt Enforcement Rule to Show Cause, Due Process, Jurisprudence, United States Supreme Court
Posted in Alimony/Spousal Support, Child Support, Contempt/Enforcement of Orders, Jurisprudence, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, United States Supreme Court Decisions | 4 Comments »
Posted Tuesday, November 2nd, 2010 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Jurisprudence, Not South Carolina Specific, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, United States Supreme Court Decisions
9 Comments »
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 [...]
Tags: Child Support, Contempt Enforcement Rule to Show Cause, South Carolina Supreme Court, Susan Dunn, United States Supreme Court
Posted in Contempt/Enforcement of Orders, Jurisprudence, Not South Carolina Specific, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, United States Supreme Court Decisions | 9 Comments »
Posted Wednesday, August 4th, 2010 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Visitation
40 Comments »
When I first started practicing family law I would encounter a number of visitation enforcement hearings in which the custodial parent tried to excuse his or her failure to have the children visit with the other parent because “the children didn’t want to.” Occasionally, and much to my frustration, the judges would sometime accept this [...]
Tags: Child Custody, Contempt Enforcement Rule to Show Cause, Litigation Strategy, Visitation
Posted in Child Custody, Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Visitation | 40 Comments »
Posted Thursday, June 17th, 2010 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
1 Comment »
In the first year of law school everyone takes Civil Procedure, where we learn about in rem jurisdiction, quasi in rem jurisdiction and in personam [personal] jurisdiction. One percent of us understand the concepts clearly and other ninety-nine percent (including me) promptly misremember or forget most of what we learned–and then, possibly, relearn these lessons [...]
Tags: Attorney's Fees, Child Custody, Child Support, Contempt Enforcement Rule to Show Cause, Litigation Strategy, Personal Jurisdiction
Posted in Attorney's Fees, Child Custody, Child Support, Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys | 1 Comment »
Posted Tuesday, June 15th, 2010 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific, Visitation
2 Comments »
I met with a father earlier this week for a consult. He mentioned that he had gone five months without seeing his teenage daughter and his rule to show cause to enforce his visitation was scheduled for a pre-trial but hadn’t been set for hearing. I found the matter distressing. As I have previous blogged [...]
Tags: Contempt Enforcement Rule to Show Cause, Family Court Procedure, Jurisprudence, Litigation Strategy, Visitation
Posted in Child Custody, Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific, Visitation | 2 Comments »
Posted Monday, March 29th, 2010 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
I would love to see our South Carolina Supreme Court explain how an indigent holds the key to his cell door by paying $6,000.00 he doesn’t have. Today’s Supreme Court opinion in Price v. Turner, 387 S.C. 142, 691 S.E.2d 470 (2010), makes that claim but does nothing to substantiate it. I have previously noted two potential challenges to [...]
Tags: Child Support, Contempt Enforcement Rule to Show Cause, Jurisprudence, South Carolina Supreme Court
Posted in Contempt/Enforcement of Orders, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
