Is there a ceiling on alimony or child support?

Posted Friday, December 6th, 2019 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

An issue more philosophical than legal is whether there should be a ceiling on alimony and (especially) child support awards. On one hand, alimony (and

South Carolina Supreme Court finally (and only prospectively) abolishes common-law marriage–and makes it harder to establish retroactive common-law marriages

Posted Sunday, August 4th, 2019 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Appellate Decisions, South Carolina Specific

A decade ago, in a blog titled, “Why won’t South Carolina end common-law marriage?,” I expressed my strong dislike of the doctrine by noting, “cases

The interaction of the De Facto Custodian statute and the Moore factors

Posted Thursday, June 13th, 2019 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

There are numerous recurring issues in South Carolina family law that ultimately will need to be resolved by our appellate courts. One of the more

Alimony for the less ambitious spouse

Posted Friday, June 7th, 2019 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public

On June 6, 2019, I argued an appeal in the Court of Appeals that involved a novel issue that I expect to become increasingly common.

Is South Carolina heading the wrong path potentially expanding fault divorce?

Posted Tuesday, April 9th, 2019 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Legislation, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific

In 1969 California became the first state to allow no-fault divorce. In 2010 New York became the last state to allow it. In the interim,

Whose “morality” dictates what is in the best interests of the child?

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

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

The unfairness of the family court asking litigants if they think their agreement is “fair”

Posted Monday, October 1st, 2018 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Court Litigants, Of Interest to General Public, South Carolina Specific

In the South Carolina family court, a standard part of the practice of questioning parties about their agreements before approving said agreements is whether the

Does South Carolina divorce law distinguish marijuana use from abuse?

Posted Friday, September 14th, 2018 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

One of South Carolina’s four fault grounds for divorce under S.C. Code §20-3-10 is “Habitual drunkenness; provided, that this ground shall be construed to include

Is merely having a “crush” on another marital fault?

Posted Friday, September 7th, 2018 by Gregory Forman
Filed under Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

I recently handled oral argument on an appeal that resulted in the unpublished opinion. One unusual aspect of the case was Husband’s focus, and the

Smith case reveals judges do more than simply call balls and strikes

Posted Friday, May 11th, 2018 by Gregory Forman
Filed under Jurisprudence, Not South Carolina Specific, Of Interest to General Public

  After I posted my blog on the May 9, 2018 South Carolina Supreme Court opinion in SCDSS v. Smith to Facebook, a number of

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