Archive for the ‘Of Interest to Family Court Litigants’ Category
Posted Wednesday, May 15th, 2019 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
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For the 25 years I have been practicing family law no published South Carolina appellate opinion has approved an award of rehabilitative alimony. While I only began reading unpublished opinions in 2004, I cannot recall any such unpublished opinions. I certainly cannot recall any opinion in which an appellate court reversed an award of permanent […]
Tags: Alimony/Spousal Support, Rehabilitative Alimony, South Carolina Court of Appeals, Unpublished Opinions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, South Carolina Specific | No Comments »
Posted Friday, May 10th, 2019 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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The May 8, 2019 Court of Appeals opinion in Klein v. Barrett finds the Court of Appeals affirming a very detailed and highly unusual custody arrangement. Kline involved a custody modification brought by (Ex-)Wife. At the time of the parties’ 2010 divorce, (Ex-)Husband had primary custody of the children with Wife having liberal visitation and […]
Tags: Attorney's Fees, Child Custody, Child Custody Modification, Child Support, Joint Custody, South Carolina Court of Appeals
Posted in Attorney's Fees, Child Custody, Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Tuesday, April 9th, 2019 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Legislation, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
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In 1969 California became the first state to allow no-fault divorce. In 2010 New York became the last state to allow it. In the interim, the other 48 states began authorizing no-fault divorce, with some abolishing fault grounds for divorce altogether and others, like South Carolina, retaining fault grounds while adding a no-fault ground. When […]
Tags: Divorce, Jurisprudence, South Carolina Legislation
Posted in Divorce and Marriage, Jurisprudence, Legislation, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | No Comments »
Posted Monday, April 8th, 2019 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
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When, in 1990, South Carolina enacted its current alimony statute, S.C. Code § 20-3-130, it provided three grounds to automatically terminate permanent periodic alimony: 1) either party’s death; 2) the supported spouse’s remarriage; and 3) the “continued cohabitation” of the supported spouse. The statute further defined continued cohabitation as: the supported spouse resides with another […]
Tags: Alimony Modification, Cohabitation, 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 »
Posted Thursday, April 4th, 2019 by Gregory Forman
Filed under Appellate Procedure, Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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The April 3, 2019 Supreme Court opinion in Stone v. Thompson addresses the appealability of final orders from bifurcated proceedings for marital dissolution when a common-law marriage is alleged. Stone filed an action in the family court to establish a common-law marriage and for equitable distribution of marital property. The family court bifurcated the proceedings […]
Tags: Appellate Procedure, Common-Law Marriage, South Carolina Supreme Court
Posted in Appellate Procedure, Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Wednesday, March 20th, 2019 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
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The March 20, 2019, South Carolina Supreme Court opinion in Sweeney v. Sweeney “establishes” something I had assumed was already well established: in setting alimony, the family court should consider investment income available to the parties. After all, the sixth alimony factor is “the current and reasonably anticipated earnings of both spouses.” S.C. Code Ann. […]
Tags: Alimony/Spousal Support, South Carolina Supreme Court
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 »
Posted Wednesday, February 13th, 2019 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
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e January 13, 2019 Court of Appeals revered a family court’s finding that adoptive parents abandoned their teenage child in the case of SCDSS v. Wiseman. The case began when the daughter got into a verbal, and then physical, altercation with her parents. Law enforcement intervened and transported the child to a short-term psychiatric unit. […]
Tags: Child Abandonment, Child Abuse and Neglect, Paul Tinkler, South Carolina Court of Appeals
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 »
