Archive for the ‘United States Supreme Court Decisions’ Category

United States Supreme Court holds a state court may not order a veteran to indemnify a divorced spouse for the loss in the divorced spouse’s portion of the veteran’s retirement pay caused by the veteran’s waiver of retirement pay to receive service-related disability benefits

The United States Supreme Court rarely issues opinions addressing family law, making the May 15, 2017 opinion in Howell v. Howell blogworthy. Howell addresses an issue that arises in divorces involving military members and that I had previously assumed had been addressed by the Supreme Court in Mansell v. Mansell, 490 U. S. 581 (1989): […]

United States Supreme Court finds order granting adopting lesbian mother visitation is entitled to full faith and credit

On March 7, 2016, in the case of V. L. v. E. L., ET AL., the United States Supreme Court, in an unsigned Per Curiam opinion, ordered the Alabama Supreme Court to give full faith and credit to a Georgia adoption decree that allowed a lesbian mother to adopt her then-partner’s three biological children. The […]

South Carolina likely to be compelled to allow same sex marriage

Today the United States Supreme Court decided to let stand a Fourth Circuit Court of Appeals decision finding Virginia’s ban on same sex marriage unconstitutional. The Fourth Circuit Court of Appeals put its decision into effect immediately and same sex marriages are already taking place in Virginia. This means it is likely inevitable that all […]

United States Supreme Court on the left side of history in two rulings on gay marriage

To the surprise of no one who has been paying attention, the June 26, 2013 United States Supreme Court opinions in the cases of United States v. Windsor, 133 S.Ct. 2675 (2013), and Hollingsworth v. Perry, 133 S.Ct. 2652 (2013), strengthened the rights of homosexuals to marry, while avoiding the issue of whether the Equal Protection Clause of the […]

United States Supreme Court reverses on South Carolina Indian Adoption case

In a highly anticipated case that generated much local notoriety, and in which some of my friends and colleagues participated, the United States Supreme Court reversed the South Carolina Supreme Court in the case of Adoptive Couple v. Baby Girl, 133 S.Ct. 2552 (2013), and “remand[ed] the case for further proceedings not inconsistent with this opinion.” This […]

United States Supreme Court finds that indigent defendant is not entitled to appointed counsel for child support civil contempt proceeding but still vacates South Carolina Supreme Court judgment of civil contempt

The June 20, 2011 United States Supreme Court opinion in Turner v. Rogers, 131 S.Ct. 2507 (2011), will radically alter the way the South Carolina Family Court handles child support (and alimony) enforcement.  It’s about time. Turner’s challenge before the United States Supreme Court regarded the South Carolina Supreme Court’s determination that he was not entitled to […]

United States Supreme Court accepts certiorari on South Carolina child support enforcement case

Yesterday the United States Supreme Court accepted certiorari on the South Carolina case of Price v. Turner,  387 S.C. 142, 691 S.E.2d 470 (2010).  The question Mr. Turner asked the Supreme Court to address was “Whether the Supreme Court of South Carolina erred in holding – in conflict with twenty-two federal courts of appeals and […]

United States Supreme Court applies Hague Convention on the Civil Aspects of International Child Abduction to Chilean custody order

In today’s 6-3 decision in the case of Abbott v. Abbott, 130 S.Ct. 1983 (2010) the United States Supreme Court decided that a non-custodial parent’s ne exeat right in a Chilean divorce decree, granting “authority to consent before the other parent may take the child to another country,” is a “right of custody” under the Hague […]


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