Family court “emergencies” in the COVID-19 era
March 22, 2020
In a pair of March 18, 2020 orders, South Carolina Supreme Court Chief Justice Donald W. Beatty cancelled all family court terms of court through
Visitation denial in the COVID-19 era
March 22, 2020
COVID-19 is the first airborne global pandemic to take place since the development of specialized family courts in the United States. Never before has mandated
“Force majeure” as a defense to family court contempt
March 19, 2020
Given the impact on the new coronavirus on South Carolina businesses, I’ve had more than one client ask me about paying court-ordered support obligations at
What are the potential remedies for notice-based contempt pleadings?
February 14, 2019
Late last month the family court issued a contempt petition against a client of mine in which the petition was a “notice” pleading, not a
South Carolina child custody restraining orders I really hate
August 26, 2017
By the same process that causes attorneys’ boilerplate to grow over time–they borrow “good” ideas from other attorneys but never weed out redundant or obsolete
Who has the burden of proof on the willfulness element of contempt?
May 21, 2017
A few days ago I prosecuted a contempt action. The proof for one of the allegations of contempt was very document intensive and mathematical–reimbursement for
How to enforce an attorney fee award
November 17, 2016
A few months ago my mentee observed me enforce my attorney fee award through a family court contempt proceeding. Expecting me to prove the contempt
Where should one enforce a support order when the obligor resides elsewhere?
November 2, 2016
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