Surprising few, Supreme Court holds that child issues cannot be arbitrated

Posted Friday, September 10th, 2021 by Gregory Forman
Filed under Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In Fall 2019, the South Carolina Court of Appeals issued two separate opinions holding that child issues could not be arbitrated: Kosciusko v. Parham, 428

Court of Appeals opinion unwittingly exposes serious flaws in South Carolina’s Family Court Rules

Posted Monday, July 26th, 2021 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The July 7, 2021, Court of Appeals opinion in Taylor v. Taylor unwittingly exposes serious flaws in South Carolina’s Family Court Rules–specifically the notice provision

Does the ten-day notice requirement in South Carolina Family Court Rule 14(d) violate procedural due process?

Posted Thursday, July 8th, 2021 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

I have little doubt that, if raised in the proper case, the ten-day notice requirement in South Carolina Family Court Rule 14(d) will be held

Refiled Sellers opinion adds one footnote and one clarification

Posted Wednesday, December 9th, 2020 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

A refiled December 9, 2020 Court of Appeals opinion in Sellers v. Nicholls, 432 S.C. 101, 851 S.E.2d 54 (Ct. App. 2020), makes two minor

Litigating by day; fornicating by night

Posted Monday, November 2nd, 2020 by Gregory Forman
Filed under Family Court Procedure, Not South Carolina Specific, Of Interest to Family Court Litigants

Early in my career there was a long-ago-retired, rural-county judge who admonished litigants violating the following rule that, “ya cain’t be LIT-I-GATE-in’ in the daytime

Out of control but not crazy

Posted Thursday, October 22nd, 2020 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Child Support, Equitable Distribution/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The October 21, 2020 South Carolina Court of Appeals opinion in Rogers v. Rogers, 432 S.C. 168, 851 S.E.2d 447 (Ct.App. 2020), partially answers the

Are you seeking to modify or enforce that family court final order (or do both)?

Posted Saturday, October 10th, 2020 by Gregory Forman
Filed under Child Custody, Contempt/Enforcement of Orders, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

In my eleven-plus years of doing this blog I’ve yet to write about the different procedures and goals in modifying versus enforcing a final order

Pet peeve: certificates of service in South Carolina trial courts

Posted Friday, October 9th, 2020 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific

Can someone please explain why so many attorneys prepare, and often file, certificates of service in South Carolina trial courts? I assume it’s because they

Interrogatory answers need to be accurate, complete, and minimal

Posted Thursday, October 8th, 2020 by Gregory Forman
Filed under Family Court Procedure, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

My standard procedure in answering interrogatories is to obtain an opposing party’s questions as a word document, cut and paste into my own responsive word

Expert testimony bolstering a child’s credibility is improper

Posted Tuesday, October 6th, 2020 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Despite repeated opinions from the South Carolina appellate courts indicating that expert testimony bolstering a child’s credibility is verboten, it continues to happen. Perhaps this

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