Posts Tagged ‘South Carolina Court of Appeals’
Posted Thursday, February 2nd, 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
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I was eagerly awaiting the Court of Appeals decision in Allen-Hines v. Hines because I was hoping it would answer the question of whether a short marriage alone was sufficient to award rehabilitative alimony rather than permanent periodic alimony. On August 29, 1988, the Court of Appeals affirmed an award of one year rehabilitative alimony [...]
Tags: Alimony/Spousal Support, Rehabilitative Alimony, Robert Rosen, South Carolina Court of Appeals, Unpublished Opinions
Posted in Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions | No Comments »
Posted Wednesday, January 25th, 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
1 Comment »
Even though he was reversed, one has to admire the clarity of Judge R. Kinard Johnson, Jr.’s views on age, retirement and alimony. Judge Johnson was asked to determine Husband’s request to reduce his alimony based on Husband’s claim that his medical condition limited his ability to work. Husband was 67 years old at the [...]
Tags: Alimony Modification, 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 | 1 Comment »
Posted Saturday, January 7th, 2012 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
4 Comments »
Two of my frequent complaints are that South Carolina family law attorneys don’t appeal enough of the decisions they believe are unjust and that the South Carolina appellate courts don’t publish enough of their family court decisions. As a result of these two factors, the development of family law in South Carolina fails to [...]
Tags: Jurisprudence, South Carolina Court of Appeals, South Carolina Supreme Court
Posted in Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 4 Comments »
Posted Tuesday, December 27th, 2011 by Gregory Forman
Filed under Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
2 Comments »
The December 21, 2011 Court of Appeals opinion in Sanders v. Sanders demonstrates the continuing confused jurisprudence regarding transmutation of non marital assets. It also highlights the problems that result when the trial court is provided insufficient information from the parties to make a complete decision. Sanders involved a cross appeal of equitable distribution issues stemming from [...]
Tags: Equitable Division/Property Division, South Carolina Court of Appeals
Posted in Equitable Division/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 2 Comments »
Posted Friday, December 23rd, 2011 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, 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
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In the December 16, 2011 opinion in SCDSS v. Mother and Father, the Court of Appeals reversed a family court permanency planning order requiring the Department of Social Services (DSS) to bring a termination of parental rights (TPR) action against Mother and instead ordered the matter remanded for a reunification plan. This case started when [...]
Tags: Child Abuse and Neglect, Department of Social Services, South Carolina Court of Appeals, Termination of Parental Rights
Posted in Adoption/Termination of Parental Rights, 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 Friday, December 23rd, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, South Carolina Appellate Decisions, South Carolina Specific
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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 [...]
Tags: Alimony Modification, Jurisprudence, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Thursday, December 22nd, 2011 by Gregory Forman
Filed under Attorney's Fees, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
In the December 14, 2011 opinion in Lewin v. Lewin (in which I represented the losing appellant, though I was not his trial counsel), the Court of Appeals affirmed multiple challenges Father brought to the lower court’s award of $18,955 in fees and costs to Mother. Lewin represents an interesting fact pattern in that the parties [...]
Tags: Attorney's Fees, Credibility, South Carolina Court of Appeals
Posted in Attorney's Fees, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Monday, December 19th, 2011 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
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The first of the fifteen factors set forth in South Carolina Code Section 20-3-620 regarding the division of marital property is “the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance or other marital action between the [...]
Tags: Equitable Division/Property Division, South Carolina Court of Appeals
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 »
