Posts Tagged ‘South Carolina Court of Appeals’

2011 provides further evidence of the dearth of published South Carolina family law appellate opinions

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 [...]

Sanders opinion highlights confused nature of transmutation

The December 21, 2011 Court of Appeals opinion in Sanders v. Sanders, 396 S.C. 410, 722 S.E.2d 15 (Ct. App. 2011), 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 [...]

Court of Appeals reverses permanency plan of termination of parental rights where Mother remedied conditions that led to removal

In the December 16, 2011 opinion in SCDSS v. Mother and Father, 396 S.C. 390, 720 S.E.2d 920 (Ct. App. 2011), 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 [...]

Roof demonstrates confused nature of South Carolina’s “substantial change of circumstances” jurisprudence

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 [...]

Lewin affirms family court fee award in face of Father’s multiple challenges

In the December 14, 2011 opinion in Lewin v. Lewin, 396 S.C. 349, 721 S.E.2d 1 (Ct. App. 2011), (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 [...]

Fitzwater demonstrates willingness to allow greater deviation from equal division of marital property in shorter marriage

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 [...]

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, [...]

Roesler attempts to clarify family court default

I’ve often considered writing a blog simply listing “100 things I don’t know about family law.”  The concept is that after eighteen years practicing family law–and I do mean “practice” because much of my free time is spent reading, thinking and writing about family law–there are still important issues in family law that I have [...]