Posts Tagged ‘Litigation Strategy’

Combining rehabilitative and permanent alimony

For reasons that are only marginally explicable, South Carolina attorneys and judges are reluctant to issue orders or enter agreements that combine rehabilitative alimony with permanent alimony.  However, there are common circumstances in which a combined alimony award makes sense. Permanent periodic alimony is designed to allow a supported spouse to maintain the marital lifestyle [...]

To reduce the coverture fraction, file then negotiate

Typically, when a separated or separating spouse contacts me to negotiate a separation agreement, I suggest working towards reaching an agreement before I file an action to either approve the agreement or to obtain a separate maintenance order if the parties cannot come to an agreement.  However when my client has an employee pension or [...]

The custody witness few ever think to call

There are lots of obvious witnesses in a custody case: the child’s teachers; the child’s coaches; the child’s mental health professionals; the parents of the child’s friends; the parent’s adult child(ren).  But the best witness can often be someone that few ever think to call: the parent’s ex-spouse. The nature of family court is that [...]

Defending false allegations of untimely support payments

Counseling clients to pay support by having their bank mail the support check can be a useful prophylactic for defending false claims of late payments. Most of my child support and alimony-paying clients hate paying through the courts.  This hatred is completely justified.  The 5% fee associated with paying support through the South Carolina clerks [...]

Piling on

Did an uncontested fault divorce yesterday in which the pro se defendant failed to appear.  To prove the defendant’s habitual intoxication required testimony and evidence of his extremely heavy drinking.  The result was a brief, incomplete, biography of a life devolved into a tragic waste.  Not quite as depressing to hear as to live through, [...]

Thinking about Pareto optimization as a tool to achieve settlement

Few math majors go into law and those who do rarely go into family law.  I’m one of the rare family law attorneys who often thinks in mathematical constructs.  A question from last night’s “newbies” class demonstrates the benefits of sometimes thinking like a mathematician when practicing family law. A newbie asked for advice in [...]

Rethinking my opposition to family court arbitration

For a few years my friend and colleague, Barry W. Knobel of Knobel Mediation Services, LLC, has been encouraging me to rethink my opposition to family court arbitration.  Barry is a retired family court judge–thus my frequent, joking references to him as “the formerly honorable…”.  He now makes his living doing family court mediation and [...]

Maximizing the benefit of clearing your client’s name

I sometime envision opposing counsel in highly contentious domestic litigation as a bullying gunslinger, shooting bullets at my client’s feet and demanding that my client dance. This feeling typically occurs when opposing counsel makes some horrific allegation about my client–he’s a pedophile; she’s a crackhead–and expects my client to dance to dodge (disprove) these bullets (claims). [...]