Posts Tagged ‘Alimony/Spousal Support’

There is no formula to predict South Carolina alimony obligations

There’s a chart circulating amongst South Carolina family law attorneys that lists most of the published alimony opinions and has columns for the amount of alimony ordered, length of marriage, the spouses’ respective incomes and expenses, grounds for divorce, and other factors described in the alimony statute. My understanding is that family law attorneys look […]

Bojilov highlights importance of a good record and accurate financial declarations

The September 19, 2018 Court of Appeals opinion in Bojilov v. Bojilov doesn’t establish any novel legal issues but does highlight important recurring issues in South Carolina Family Law. Bojilov stems from a divorce, with the primary issues on appeal being child custody, Husband’s right to travel with the child to Bulgaria, alimony, equitable distribution, […]

For South Carolina spouses seeking alimony, adultery is fatal, attempted murder is not

While driving back from court yesterday I received a telephone call from Buzzfeed asking me about the impact of domestic violence on alimony. The reporter wanted to know whether domestic abusers were more likely to pay alimony. What I informed her about South Carolina alimony had to seem bizarre. The answer to her question about […]

Smith case addresses alimony and transmutation issues

While there is nothing surprising in the September 19, 2018 Court of Appeals opinion in Smith v. Smith, the decision addresses some novel issues of alimony and equitable distribution. Smith stems from a divorce action filed by Wife on December 27, 2013. For the previous five years Husband had (admittedly) engaged in a pattern of […]

Stoney 2 (or 4) largely follows the original Stoney opinion

The long strange journey of the Stoney appeal took another step on August 29, 2018 when the Court of Appeals issued its remanded opinion. Told by the Supreme Court to review the case on a de novo standard of review, and then told by the Supreme Court to review evidentiary and procedural issues on an […]

South Carolina Court of Appeals opinion highlights the importance of accurate financial declarations

My clients get sick of me harping on refining and corroborating their financial declarations before we file them. In the future I will direct them to the April 5, 2017 Court of Appeals opinion in Sweeney v. Sweeney, 420 S.C. 69, 800 S.E.2d 148 (Ct. App. 2017), and remind them how both parties were harmed […]

Betting on an estranged spouse’s untimely demise

In the first twenty years of my practice it was rare that a party died in the middle of divorce litigation or within a few years of the divorce. The few times this happened there were obvious warning signs: either a history of serious mental illness including suicidal ideations, or addiction to dangerous narcotics–typically opiates. […]

Where should one enforce a support order when the obligor resides elsewhere?

A common dilemna in family law is enforcing a support order when the obligor no longer resides in the issuing state. There are two reasonable ways of resolving the matter. One option is to enforce the order in the issuing state and, if necessary, register the resulting enforcement order in the obligor’s state of residence. […]

 

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