In opinion with numerous oddities, Supreme Court approves active/passive approach to valuing marital property

Posted Tuesday, November 1st, 2011 by Gregory Forman
Filed under Attorney's Fees, Child Support, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In the October 31, 2011 opinion in Burch v. Burch, 395 S.C. 318, 717 S.E.2d 757 (2011), the South Carolina Supreme Court finally ratifies the passive

Rearranging the deck chairs

Posted Thursday, October 27th, 2011 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

In August I blogged about an appellate loss by my friend and colleague, Thomas F. McDow, in the case of Pittman v. Pittman.  Last week the

Selling property at below market value when encountering cash flow problems not “marital economic misconduct”

Posted Wednesday, September 7th, 2011 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The August 31, 2011 Court of Appeals opinion in Nestberg v. Nestberg, 394 S.C. 618, 716 S.E.2d 310 (Ct. App. 2011) is the second of two

This is what happens when no one’s a math major

Posted Tuesday, September 6th, 2011 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The August 31, 2011 Court of Appeals opinion in Barrow v. Barrow, 394 S.C. 603, 716 S.E.2d 302 (Ct. App. 2011) analyzes the issue of “misconduct” in the

Court of Appeals affirms family court on which QDRO plan to use

Posted Thursday, August 11th, 2011 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

The August 10, 2011 Court of Appeals opinion in Keefer v. Keefer involved a dispute between which of two Qualified Domestic Relations Order (QDRO) plans

At least he got the laptop back

Posted Wednesday, August 3rd, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

N.B., the Court of Appeals opinion in Pittman v. Pittman was subsequently refiled with a different analysis on the transmutation issue. See Rearranging the deck chairs Thomas

Should being the victim of a third-party’s Ponzi scheme entitle one to reopen a marital property settlement?

Posted Tuesday, May 31st, 2011 by Gregory Forman
Filed under Equitable Distribution/Property Division, Jurisprudence, Not South Carolina Specific, Of Interest to Family Law Attorneys

The May 30, 2011 New York Times reports a story about a husband, a partner at a powerful New York City law firm, attempting to

Supreme Court authorizes use of SCRCP 60(b)(5) to right obvious injustice

Posted Wednesday, May 11th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The 2006 Court of Appeals opinion in Simmons v. Simmons, 370 S.C. 109, 634 S.E.2d 1 (Ct. App. 2006) voided a provision in the parties’ 1990

Supreme Court engages in scholarly debates on standard of appellate review of family court orders

Posted Wednesday, May 11th, 2011 by Gregory Forman
Filed under Equitable Distribution/Property Division, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

The May 9, 2011 opinion in Lewis v. Lewis, 392 S.C. 381, 709 S.E.2d 650 (2011), finds the South Carolina Supreme Court engaging in a scholarly

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