Should there be automatic de novo review of temporary custody and support orders?
Posted Thursday, January 30th, 2014 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I’ve previously complained that South Carolina’s handling of family court temporary hearings violate due process. This is because allowing such hearings to proceed on affidavits
Court of Appeals finds family court improperly determined downsized husband’s earning capacity
Posted Wednesday, January 22nd, 2014 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
In the January 15, 2014 opinion of Burgess v. Burgess, 407 S.C. 98, 753 S.E.2d 566 (Ct. App. 2014), the Court of Appeals reversed and
Supreme Court affirms lower courts’ ruling on transmutation of husband’s business
Posted Wednesday, January 15th, 2014 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The January 15, 2014 Supreme Court opinion in Pittman v. Pittman, 407 S.C. 141, 754 S.E.2d 501 (2014), affirmed the Court of Appeals and family court’s determination that
2013 again provides a dearth of published family law opinions
Posted Friday, January 3rd, 2014 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
There are literally hundreds of commonplace but unresolved family law issues in South Carolina. Yet, at the rate our appellate courts issue published family law
The potential domestic client who wants the attorney to work on promise of payment
Posted Friday, November 22nd, 2013 by Gregory Forman
Filed under Attorney-Client Relations, Attorney's Fees, Not South Carolina Specific, Of Interest to Family Law Attorneys
The combination of the front loaded nature of contested family court cases (i.e., preparing for motions for temporary relief) and the general reluctance of attorneys
Reserving alimony when there’s military retirement
Posted Friday, November 22nd, 2013 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
One of the quirks of family law is that a veteran’s military retirement is subject to equitable distribution but that veteran’s military disability is not.
Script for the beginning of each deposition
Posted Thursday, November 7th, 2013 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
There’s a routine set of questions I ask at the beginning of every deposition. I suspect that script would be useful for new attorneys and
Court of Appeals reverses finding of contempt, finding Mother’s non-compliance not willful
Posted Wednesday, October 30th, 2013 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The October 30, 2013 Court of Appeals opinion in Ward v. Washington, 406 S.C. 249, 750 S.E.2d 105 (Ct. App. 2013), reversed a finding of contempt
What can and can’t be fixed by a family court appeal
Posted Thursday, October 17th, 2013 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
Folks sometimes consult with me shortly before their case is going to trial to obtain a second opinion. Typically they are either unhappy with the
When does a judge’s ruling become a valid order?
Posted Wednesday, October 9th, 2013 by Gregory Forman
Filed under Jurisprudence, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Early in my family court career I used to debate with my colleagues as to when a family judge’s ruling became valid. The (super-)majority view
