May 2012

Of Interest to Family Court Litigants

May 31st, 2012

Pay your support <i><b>early</i></b>

Typical language in South Carolina support orders is: The obligor shall pay support directly to the obligee.  If the obligor is ever more than five days late making a payment, the obligee may file an ex-parte affidavit and order with the Family Court to have the obligor pay this support through the court with costs […]

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Of Interest to Family Court Litigants

May 30th, 2012

Court of Appeals reverses custody modification based on family court’s inadequate factual findings

In the May 30, 2012 opinion in Tillman v. Oakes, 398 S.C. 245, 728 S.E.2d 45 (Ct. App. 2012), the South Carolina Court of Appeals reversed and remanded the family court’s custody modification because the family court made inadequate factual findings to justify a substantial change of circumstances. Father filed this custody modification case involving the […]

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South Carolina Specific

May 23rd, 2012

Reviewing family court temporary hearing affidavits before beginning argument

Under South Carolina Rule of Family Court 21(c), “affidavits filed at a temporary hearing need not be served on the opposing party prior to the temporary hearing.”  However, I generally prefer to review these affidavits and other submissions before either side begins arguing the temporary  motion.  One reason for this preference is that I may […]

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Not South Carolina Specific

May 22nd, 2012

The current legal status of homosexual relationships

In preparation for last Friday’s interview on WCBD I created an extensive outline of topics that might come up for discussion.  In that five minute interview few of the items from my outline made it to television.  However I hope someone finds this research interesting or useful. Currently the legal status of same sex relationships […]

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Of Interest to Family Court Litigants

May 22nd, 2012

Interview on legal recognition of same sex relationships in South Carolina

On May 18, 2012 I was interviewed by Carolyn Murray of WCBD regarding the recognition of same sex relationships in South Carolina. Part one is here: WCDB interview part one Part two is here: WCDB interview part two

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Of Interest to Family Court Litigants

May 21st, 2012

Should child custody be revisited every few years?

There was a thoughtful Op-Ed piece in the May 20, 2012 New York Times titled “In Whose Best Interests?” by Ruth Bettelheim, a marriage and family therapist.  Ms. Bettelheim argues that child custody should be revisited every two years and that children’s voices should be given much greater weight in deciding their custody. The example she […]

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