Archive for August, 2009
Posted Monday, August 31st, 2009 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The South Carolina Supreme Court decision in Eason v. Eason, 384 S.C. 473, 682 S.E.2d 804 (2009) corrects an obvious injustice, holding that a written agreement between separated spouses to not use adultery as a bar to entitlement to alimony is enforceable and not a violation of public policy. Given that South Carolina statutory law already provides […]
Tags: Adultery, Alimony/Spousal Support, Cohabitation, South Carolina Supreme Court
Posted in Alimony/Spousal Support, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Thursday, August 27th, 2009 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Jurisprudence, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
3 Comments »
Our Supreme Court is confused and conflicted on testimony at family court temporary hearings. Rule 21(b), SCRFC (a rule promulgated by the Supreme Court) states, “ [e]vidence received by the court at temporary hearings shall be confined to pleadings, affidavits, and financial declarations unless good cause is shown to the court why additional evidence or testimony may […]
Tags: Family Court Procedure, Gregory Forman, Guardian ad litem, Jurisprudence, Litigation Strategy, Motions for Temporary Relief
Posted in Child Custody, Family Court Procedure, Jurisprudence, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 3 Comments »
Posted Thursday, August 27th, 2009 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Equitable Distribution/Property Division, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
5 Comments »
South Carolina is not a community property state (in community property states all marital property is divided equally). However, in practice, with long-term marriages the family courts start with a presumption of a 50/50 division of marital assets and adjust that division slightly based on factors such as fault or third-party contributions to the marital […]
Tags: Alimony/Spousal Support, Divorce, Equitable Distribution/Property Division, Jurisprudence
Posted in Alimony/Spousal Support, Divorce and Marriage, Equitable Distribution/Property Division, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 5 Comments »
Posted Monday, August 24th, 2009 by Gregory Forman
Filed under Child Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
1 Comment »
N.B. The holding of Floyd v. Morgan that it took a higher burden of proof to modify support agreement was subsequently overruled in the case of Lewis v. Lewis, 392 S.C. 381, 709 S.E.2d 650 (2011) With today’s advance sheet, the Supreme Court’s opinion in Floyd v. Morgan, 383 S.C. 469, 681 S.E.2d 570 (2009) becomes final, as the Supreme Court […]
Tags: Child Support, Child Support Modification, Jurisprudence, Litigation Strategy, South Carolina Supreme Court
Posted in Child Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | 1 Comment »
Posted Monday, August 24th, 2009 by Gregory Forman
Filed under Divorce and Marriage, Law and Culture, Not South Carolina Specific, Of Interest to General Public
3 Comments »
I received a call from a prospective client recently. While every situation has its unique aspects, the details were depressingly familiar. Married after a short courtship to a man she’d know since she was a child, she soon discovered he wasn’t the man he represented himself to be: substance abuse issues; spending issues; commitment issues. […]
Tags: Attorney-Client Relations, Divorce, Marriage, Popular Culture
Posted in Divorce and Marriage, Law and Culture, Not South Carolina Specific, Of Interest to General Public | 3 Comments »
Posted Wednesday, August 19th, 2009 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
The August 19, 2009 Court of Appeals decision in Butler v. Butler, 385 S.C. 328, 684 S.E.2d 191 (Ct.App. 2009) offers the family court bar much guidance in the factors to consider in alimony reduction cases. Many of the factors considered in this opinion have never been addressed in prior published opinions. Butler was an appeal from a […]
Tags: Alimony Modification, Alimony/Spousal Support, Litigation Strategy, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
