The problems in splitting children’s expenses based upon undefined “pro rata income shares”
Posted Friday, January 8th, 2016 by Gregory Forman
Filed under Audience:, Child Custody, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public
I have recently encountered a number of court-approved child support agreements in which child-related expenses are divided upon undefined “pro rata [Latin for “in proportion”]
2015 may set record low in published family law opinions
Posted Tuesday, January 5th, 2016 by Gregory Forman
Filed under Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
2015 may set a record low in published South Carolina family law opinions. Counting a refiled opinion in Srivastava v. Srivastava, 411 S.C. 481, 769
The difficulties relocating with children merely because the stepparent is moving
Posted Wednesday, December 16th, 2015 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
Custodial parents rarely consider whether their spouses are prone to work related relocations when they decide to (re)marry. They simply assume that if their spouse
Desperation to settle makes favorable settlement more difficult
Posted Sunday, December 13th, 2015 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
I am often confronted by clients wanting me to reach out, yet again, to a recalcitrant opposing counsel or party about settling their cases. Typically, when
An aggressive mediator is a hammer but not every case is a nail
Posted Saturday, December 12th, 2015 by Gregory Forman
Filed under Mediation/Alternative Dispute Resolution, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
The model of mediation we were all taught in the family court mediation training has the parties sitting together with the mediator in one room,
Playing Monopoly when no one agrees on the rules (or why I’m a Civil Procedure maven)
Posted Friday, December 11th, 2015 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
Any contest requires an agreement on the rules, in advance, to proceed properly. Many people have variations on Milton Bradley’s “official” Monopoly rules. When these
It just became a little easier (although still not very easy) to sue DSS in tort
Posted Sunday, December 6th, 2015 by Gregory Forman
Filed under Department of Social Services/Child Abuse and Neglect, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
There is a common complaint among attorneys who do appeals that they do not recognize the fact pattern described in their appellate decisions. The belief
Posted Friday, December 4th, 2015 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
If a client retains me at the beginning of the litigation process it will typically take at least six months, and more likely a year
Posted Thursday, December 3rd, 2015 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
I probably should have noted this when it came out, but on October 28, 2015 the South Carolina Supreme Court, in Hudson v. Hudson, 414
The risks of rushing into a final order on custody or visitation
Posted Wednesday, December 2nd, 2015 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, Visitation
Most people, at least those who are thoughtful and mature, try to avoid protracted and contentious litigation. This is especially true for custody and visitation
