Archive for the ‘South Carolina Specific’ Category
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 Thursday, February 14th, 2019 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
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Late last month the family court issued a contempt petition against a client of mine in which the petition was a “notice” pleading, not a “fact” pleading. For those unfamiliar with the distinction, a notice pleading (typical in the federal courts as authorized by Federal Rule of Civil Procedure 8), simply provides the Defendant notice […]
Tags: Contempt Enforcement Rule to Show Cause, Family Court Procedure
Posted in Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Law Attorneys, 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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On February 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 »
Posted Thursday, January 31st, 2019 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
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In 2012, South Carolina revised its child custody statutes and added a provision requiring proposed parenting plans at temporary hearings. This parenting plan asks each party to propose a bi-weekly, holiday, electronic, and summer visitation schedule, address legal custody, describe requested restraints, and note any other custody concerns the family court should be aware of. […]
Tags: Child Custody, Litigation Strategy, Parenting Plans
Posted in Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | No Comments »
Posted Friday, January 25th, 2019 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
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South Carolina case law from as recently as May 2018 holds that the morality of a parent is a proper factor for consideration in custody determinations, limited in its force to what relevancy it has, either directly or indirectly, to the welfare of the child. The problem with this case law is that it leaves […]
Tags: Child Custody, Jurisprudence, Marijuana
Posted in Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | No Comments »
Posted Thursday, January 17th, 2019 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
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About five years ago–after being burned for the umpteenth time by entering a temporary consent order binding my client to a temporary support without first obtaining a financial declaration from the opposing party, only to subsequently learn that the other party’s income and expenses would not have justified such generous support–I vowed never again to […]
Tags: Financial Declarations, Litigation Strategy
Posted in Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | No Comments »
Posted Wednesday, January 9th, 2019 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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On January 9, 2019 the South Carolina Court of Appeals released a slightly revised opinion in Brown v. Odom. Normally I would discuss the changes to a substituted published opinion. However, here the substituted opinion contains no new legal analysis and simply makes small but frequent revisions to the factual findings that underpin the holding. […]
Tags: Equitable Distribution/Property Division, South Carolina Court of Appeals
Posted in Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
