How to enforce an attorney fee award
Posted Thursday, November 17th, 2016 by Gregory Forman
Filed under Attorney's Fees, Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
A few months ago my mentee observed me enforce my attorney fee award through a family court contempt proceeding. Expecting me to prove the contempt
Posted Thursday, November 3rd, 2016 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
I often suggest to newly licensed attorneys wanting to learn how to practice a particular area of law that they go to the courthouse and
Where should one enforce a support order when the obligor resides elsewhere?
Posted Wednesday, November 2nd, 2016 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
A common dilemna in family law is enforcing a support order when the obligor no longer resides in the issuing state. There are two reasonable
Is it really better to beg forgiveness than ask permission?
Posted Saturday, October 29th, 2016 by Gregory Forman
Filed under Attorney-Client Relations, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Early in my career one of my most trusted mentors would counsel me when I asked her about filing a motion or complaint in the
Should custody be dealt with in a separate order?
Posted Thursday, October 27th, 2016 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I recently completed a divorce case in which all issues other than child custody settled in the middle of trial. With the court’s permission, I
Obtaining electronically stored information in electronically stored format
Posted Thursday, July 21st, 2016 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
A common idea among litigators is that an excellent way to hide damaging information is to produce it with a whole bunch of innocuous information.
Posted Friday, June 3rd, 2016 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific, Visitation
Absent a showing of a “substantial change of circumstances” one is allowed to bring only one motion for temporary relief on a particular issue prior
The problem in filing updated financial declarations at final hearings to approve agreements
Posted Tuesday, May 31st, 2016 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Family Court Rule 20(a) requires “a current financial declaration” “be served and filed” “[i]n any domestic relations action in which the financial condition of a
Script for defeating the “unclean hands” defense in contempt prosecutions
Posted Saturday, May 28th, 2016 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I don’t believe “unclean hands” is a defense to contempt. If an opposing party seeks to hold my client in contempt for conduct that party
“I don’t know/recall” may be the best interrogatory or deposition answer you can get
Posted Thursday, April 21st, 2016 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
I lectured last week to recent law school graduates about family law discovery. Part of this lecture discussed Rule 37(a)(3), SCRCP which reads: “Evasive or
