Posted Sunday, September 12th, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The August 18, 2021, Court of Appeals opinion in Weller v. Weller, 434 S.C. 530, 863 S.E.2d 835 (Ct. App. 2021), finds that court affirming
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
South Carolina’s unjust approach to unvested stock options
Posted Tuesday, July 27th, 2021 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
A few days ago a colleague called me to discuss an issue he was mediating, specifically how to apportion unvested stock options. This made me
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, 863 S.E.2d 335, 434 S.C. 307 (Ct. App. 2021), unwittingly exposes serious flaws
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
DSS safety plans don’t override custody/visitation orders
Posted Monday, July 5th, 2021 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Miscellaneous, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific, Visitation
I typically don’t blog about unpublished opinions. Since they cannot be used as precedent, their holdings are unreliable guidance. Still, when the Court of Appeals
Subsequently discovered property provisions in equitable distribution agreements
Posted Thursday, June 3rd, 2021 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Miscellaneous, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
A provision I occasionally see in equitable distribution agreements addresses subsequently discovered property. These provisions state that if one spouse discovers the other spouse failed
Temporary spousal support orders set no precedent
Posted Wednesday, May 26th, 2021 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
One of the more common fallacies I hear family court litigants spout is the belief that a family court temporary order setting a spousal support
Posted Tuesday, May 18th, 2021 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 see a number of attorneys and pro se litigants who try to finesse the issue of final decision making authority by making both parents
South Carolina Supreme Court poised to address arbitration of children’s issues
Posted Friday, May 7th, 2021 by Gregory Forman
Filed under Child Custody, Jurisprudence, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
In 2019, the South Carolina Court of Appeals issued two published opinions holding that child-related family law issues (custody/visitation/child support) could not be arbitrated and
