Posts Tagged ‘Litigation Strategy’

(Don’t) Meet me halfway

There’s a hilarious scene in the movie Bad Santa in which the head of mall security, Gin (played by Bernie Mac) has discovered that the dipsomaniac Department Store Santa, Willie (played by Billy Bob Thornton), and his foul-mouthed Elf assistant, Marcus (played by Tony Cox), are actually con men who rob a different mall each year […]

Mutually assured dysfunction

Sadly, there are way too many custody in which both parents have “issues” that would lead their fitness to be questioned if the other parent raised them. Much like the United States and USSR, which stockpiled nuclear weapons they hoped never to use as a “mutually assured destruction” deterrent, these parents stockpile–but typically do not […]

There is no relief from judgment for intrinsic fraud (or do your due diligence)

South Carolina Rule of Civil Procedure 60(b) list five different ways one can use a streamlined procedure to obtain relief from a judgment within one year of the order or judgment. Item three includes, “fraud, misrepresentation, or other misconduct of an adverse party.” While the parallel rule of Federal Procedure, upon which the South Carolina […]

Negotiating alimony or equitable distribution without financial declarations

How many times have I been seduced by an opposing attorney’s siren call to negotiate alimony or property division issues before that attorney’s client will provide me an executed financial declaration? Like some drunken floozy, I promise myself never to let it happen again, only to trip up on occasion and only to wake up […]

Do you want to be right or do you want to be happy?

There’s a divorce client from five years ago who I have remained friends with on Facebook. When I first met him–and began representing him–he was trying to extricate himself from a short marriage that had produced no children and from a wife who he did not believe was compatible. His wife, while unhappy with him, […]

Obtaining reimbursement of uncovered medical bills

South Carolina’s child support guidelines include a provision for payment of unreimbursed medical expenses for the children. Per these guidelines: The guidelines are based on the assumption that the parent to whom support is owed will be responsible for up to $250.00 per year per child in uninsured medical expenses. The Schedule of Basic Child […]

Updated checklist of questions whose answers can derail a custody or visitation case

Last August I posted a word document containing a checklist of questions that can derail a custody or visitation case.  Being informed recently by a colleague of a case in which a client’s interest in incest porn derailed that client’s visitation case, I have added another question (#24) to the list.  Who knew?

Every Social Security Statement tells a story

The Social Security Statement, mailed annually or available for order online at, is often the most valuable piece of financial information for alimony and child support cases. Don’t go to trial without the client’s and opposing party’s statements.  A sample statement follows: For any American citizen or legal resident whose primary source of income […]