In South Carolina, child support, child custody and permanent periodic alimony can all be modified upon a showing of “substantial change of circumstances.” However, there is an exception to this general principle: if the change of circumstances was anticipated at the time of the previous final order, then the change of circumstances is not a [...]
Posts Tagged ‘Jurisprudence’
Unpublished opinion (doesn’t) make(s) new law on application of Schedule C guidelines
Floyd v. Morgan, 383 S.C. 469 , 681 S.E.2d 570 (2009) is possibly the worst published family law opinion to come out of the Supreme Court since I started writing this blog in April 2009. Not only did it unduly heighten the burden to modify child custody agreements–a decision since rectified in Miles v. Miles, [...]
Overnight non-marital romantic companion restraints after Lawrence v. Texas
South Carolina family court judges routinely issue restraints against exposing children to a parent’s non-marital romantic companions overnight. When concerned about appearing to be moral scolds, they justify these restraints as prohibiting the children’s exposure to “illegal behavior.” The specific criminal statutes implicated by such behavior are the prohibitions against adultery (S.C. Code § 16-15-60), [...]
In 3-2 decision South Carolina Supreme Court determines separation is requirement of separate maintenance action
In what is, for me, one of the most highly anticipated decisions on this year’s docket, the South Carolina Supreme Court decided on September 19, 2011 in the case of Theisen v. Theisen, 394 S.C. 434, 716 S.E.2d 271 (2011) that physical separation is a required component for bringing a separate maintenance action. For almost a decade, [...]
Should separation be required for a separate maintenance action?
In April 2011, the South Carolina Supreme Court heard oral argument in the case of Eileen Frances Theresa Busto Theisen v. Clifford Richard Theisen. According to the Supreme Court’s roster of cases, the issue in this appeal is “whether physical separation is a pre-requisite for a party to receive separate maintenance and support.” Since Supreme [...]
Ending the alimony guessing game
An editorial in today’s New York Times, Ending the alimony guessing game, by Alexandra Harwin, a 2011 Yale Law School graduate, highlights New York State’s recent enactment of explicit temporary alimony guidelines. Under the formula, alimony is set at 30 percent of the higher-earning spouse’s income, minus 20 percent of the lower-earning spouse’s, as long [...]
Does looking at online pornography make you an unfit parent?
Does looking at online pornography make you an unfit parent? At least one local family court judge seems to think so. I had a motion to compel hearing earlier this week. One of the answers I thought was evasive was a response to my question about whether there was anything about my client that made [...]