Posts Tagged ‘Financial Declarations’

The most obvious malpractice there is in South Carolina family law

About five years ago–after being burned for the umpteenth time by entering a temporary consent order binding my client to a temporary support without first obtaining a financial declaration from the opposing party, only to subsequently learn that the other party’s income and expenses would not have justified such generous support–I vowed never again to […]

Unpublished Conits opinion reveals the dangers of lackadaisical litigating

After three published opinions in Conits v. Conits, one a refiled Supreme Court opinion, on May 2, 2018 the Court of Appeals issued an unpublished opinion on the remanded issue of the value of Husband’s Greek farm. Either Spiro Conits is a pants-on-fire liar who is finally getting his just desserts or a foolish litigant […]

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 […]

Negotiating alimony or equitable distribution without financial declarations

How many times have I been seduced by an opposing attorney’s siren call to negotiate alimony or property division issues before that attorney’s client will provide me an executed financial declaration? Like some drunken floozy, I promise myself never to let it happen again, only to trip up on occasion and only to wake up […]

What’s so important about financial declarations?

Financial declarations are often the most important piece of evidence in any family court case.  Filling them out and executing them in a cavalier manner is dangerous. South Carolina Family Court Rule 20(a) mandates: In any domestic relations action in which the financial condition of a party is relevant or is an issue to be considered […]

Financial declarations with an eye toward the future

Just the past week I have closed a support modification case in which a party’s financial declaration understates that party’s projected future income and taken over another support modification case in which my client did not have the financial declarations the court used to approve his previous support agreement.  These are not uncommon experiences but […]

The perils of inaccurate (or no) financial declarations in family court

For any family court trial involving alimony or attorney’s fees, and for most trials involving child support or support enforcement, an accurate financial declaration is the most vital document in the family court practitioner’s arsenal.  A financial declaration requires a party to list current income, expenses, assets and debts under oath.  An inaccurate financial declaration […]

 

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