Posts Tagged ‘Contempt Enforcement Rule to Show Cause’
Posted Tuesday, January 5th, 2010 by Gregory Forman
Filed under Child Support, Contempt/Enforcement of Orders, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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The December 30, 2009 Court of Appeals opinion in SCDSS v. Johnson, 386 S.C. 426, 688 S.E.2d 588 (2009), clarifies the service requirements for notification of attempted registration of a foreign order under the Uniform Interstate Family Support Act (UIFSA) and clarifies when the court can issue a bench warrant for an alleged failure to pay support. [...]
Tags: Child Support, Contempt Enforcement Rule to Show Cause, Department of Social Services, John Magera, South Carolina Court of Appeals, UIFSA, Uniform Interstate Family Support Act
Posted in Child Support, Contempt/Enforcement of Orders, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Sunday, September 20th, 2009 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, Visitation
1 Comment »
A few months ago I prosecuted a rule to show cause in which the mother had refused to let my client (her ex-husband) take the children to his wedding, even though it was his weekend with the children. Because I only sought civil contempt (designed to enforce compliance with the order) rather than criminal contempt [...]
Tags: Contempt Enforcement Rule to Show Cause, Jurisprudence, The Honorable Wayne Morris Creech, Visitation
Posted in Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific, Visitation | 1 Comment »
Posted Friday, June 19th, 2009 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Contempt/Enforcement of Orders, Jurisprudence, Of Interest to General Public, South Carolina Specific
9 Comments »
“The problem is, chronic non-supporters do not have dependable jobs, nor tax refunds, nor seizeable property. That’s why they are chronic. . . . As cruel as it sounds, the one remedy that almost always works is incarceration. We family court judges call it ‘the magic fountain.’ . . . Of course, there is no magic. [...]
Tags: Charleston Post & Courier, Child Support, Contempt Enforcement Rule to Show Cause, Jurisprudence, United States Supreme Court
Posted in Alimony/Spousal Support, Child Support, Contempt/Enforcement of Orders, Jurisprudence, Of Interest to General Public, South Carolina Specific | 9 Comments »
Posted Monday, June 15th, 2009 by Gregory Forman
Filed under Child Support, Contempt/Enforcement of Orders, Law and Culture, Not South Carolina Specific, Of Interest to General Public
1 Comment »
One day I may post a blog describing my research on why the methods that South Carolina uses to collect back child support (sarcastically referred to as “Daddy Round-Ups”) are an improper use of the court’s civil contempt powers. However, even if the current uses of civil contempt to collect back child support are improper, I [...]
Tags: Child Support, Contempt Enforcement Rule to Show Cause, Department of Social Services, Gregory Forman, Paternity, Popular Culture
Posted in Child Support, Contempt/Enforcement of Orders, Law and Culture, Not South Carolina Specific, Of Interest to General Public | 1 Comment »
Posted Saturday, June 13th, 2009 by Gregory Forman
Filed under Attorney's Fees, Contempt/Enforcement of Orders, Jurisprudence, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
I love contempt. See Enforcement (or Defending Enforcement) of Family Court Orders. Folks tend to forget (if they ever realized) that court orders aren’t simply laudatory proclamations suggesting what people should or should not do but judicially-created law that carries the authority of police powers behind it. Nothing brings out the venal, mendacious and dysfunctional [...]
Tags: Attorney's Fees, Contempt Enforcement Rule to Show Cause, Litigation Strategy, South Carolina Court of Appeals
Posted in Attorney's Fees, Contempt/Enforcement of Orders, Jurisprudence, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Tuesday, April 21st, 2009 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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Two recent South Carolina Supreme Court opinions: Ables v. Gladden, 378 S.C. 558, 664 S.E.2d 442 (2008) and Strickland v. Strickland, 375 S.C. 76, 650 S.E.2d 465 (2007) abolished the defense of laches in the collection of back child support or alimony, while authorizing the continued use of a similar defense, equitable estoppel, in such [...]
Tags: Alimony/Spousal Support, Child Support, Contempt Enforcement Rule to Show Cause, Laches, Litigation Strategy, South Carolina Supreme Court
Posted in Alimony/Spousal Support, Child Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
