Posts Tagged ‘South Carolina Court of Appeals’
Posted Friday, May 3rd, 2013 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
The May 3, 2013 Court of Appeals opinion in SCDSS v. Cameron N. F. L. (dig those initials) reversed the termination of parental rights (TPR) of a nine year old special needs child because it found such termination was not in the child’s best interests. Both the factual and evidentiary issues in this case were [...]
Tags: South Carolina Court of Appeals, Termination of Parental Rights
Posted in Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Sunday, April 21st, 2013 by Gregory Forman
Filed under Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
3 Comments »
The April 17, 2013 Court of Appeals opinion in Hawkins v. Hawkins demonstrates the continued reluctance of the family courts to reduce child support obligations for downsized non-custodial parents. In Hawkins, the parties’ divorce decree specifically allowed child support to be recalculated pursuant to the South Carolina Child Support Guidelines on an annual basis. In [...]
Tags: Child Support Modification, South Carolina Court of Appeals
Posted in Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 3 Comments »
Posted Sunday, April 21st, 2013 by Gregory Forman
Filed under Equitable Division/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
3 Comments »
I’ve had a few cases in which the issue of what constitutes “personal property” has been the subject of debate. The understanding of the typical litigant is that such property is the household furnishings–what a homeowner’s policy might consider “contents.” However, from a purely legal standard, personal property is any property that isn’t real estate. [...]
Tags: Equitable Division/Property Division, Family Court Procedure, South Carolina Court of Appeals, Thomas F. McDow
Posted in Equitable Division/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 3 Comments »
Posted Wednesday, March 6th, 2013 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The March 6, 2013 Court of Appeals opinion in Barber v. Barber, 402 S.C. 96, 738 S.E.2d 845 (Ct. App. 2013), clarifies a narrow but frequently occurring equitable distribution issue: can the family court order a federal pensioner to designate a particular beneficiary for his or her survivor benefits plan? The Court of Appeals held it [...]
Tags: Equitable Division/Property Division, South Carolina Court of Appeals, Survivor Benefits Plan
Posted in Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Sunday, March 3rd, 2013 by Gregory Forman
Filed under Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
Last week a colleague of mine told me a story of attending a Charleston Riverdogs (the local minor league baseball team) game in which a staff attorney for the abuse and neglect section of the Charleston County Department of Social Services was throwing out the first pitch. The announcer stated the honoree’s profession, whereupon the [...]
Tags: Department of Social Services, South Carolina Court of Appeals, South Carolina Tort Claims Act
Posted in Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, February 20th, 2013 by Gregory Forman
Filed under Divorce and Marriage, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
2 Comments »
In my almost four years of blogging about every reported South Carolina appellate decision from family court and over fifteen years of handling family law appeals, I can discern a few clear patterns on when the appellate courts will reverse an equitable distribution award. Math errors and clear mistakes of law will always lead to [...]
Tags: Divorce, Equitable Division/Property Division, South Carolina Court of Appeals
Posted in Divorce and Marriage, Equitable Division/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 2 Comments »
Posted Thursday, January 3rd, 2013 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
In the December 28, 2012 opinion in Gaffney v. Gaffney, 401 S.C. 216, 736 S.E.2d 683 (Ct. App. 2012), the South Carolina Court of Appeals reversed the family court’s determination that the parties’ Marital Separation Agreement (MSA)was ambiguous and terminated husband’s alimony obligation completely. The parties were divorced in 2009. Their divorce decree approved an MSA [...]
Tags: Alimony/Spousal Support, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Wednesday, December 12th, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
In the December 12, 2012 opinion of King v. King, 400 S.C. 611, 735 S.E.2d 551 (Ct. App. 2012), the Court of Appeals affirmed the family court’s decision to deny Husband’s request to further reduce his alimony. At the time of the parties’ divorce in 1999, Husband had a yearly base salary of $300,000 as chief [...]
Tags: Alimony Modification, Alimony/Spousal Support, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
