Posts Tagged ‘South Carolina Court of Appeals’

Court of Appeals reverses equitable estoppel defense to past due child support

Continuing a very recent pattern of appellate courts disregarding the family court’s credibility determinations, the December 31, 2019, Court of Appeals opinion in Bauckman v. McLeod reversed a family court finding of equitable estoppel. In Bauckman, the parties reached a court-approved agreement in 2002 that Father would pay $399 per month in child support. In […]

A second Court of Appeals panel finds family court cannot enforce custody issues decided by arbitration

Argued first but decided second, the December 18, 2019 Court of Appeals opinion in Singh v. Singh confirms what a November 6, 2019 Court of Appeals opinion in Kosciusko v. Parham, 428 S.C. 481, 836 S.E.2d 362 (Ct. App. 2019), previously determined: the family court cannot enforce custody issues decided by arbitration. With no judges […]

Tomlinson continues the appellate disfavor of joint custody

The November 13, 2019, Court of Appeals opinion in Tomlinson v. Melton continues the appellate court’s disfavor of joint custody. In Tomlinson, the parties entered a custody agreement at the time of their 2011 divorce that gave Father primary physical custody and final decision making authority but gave Mother every other week from Wednesday to […]

South Carolina Court of Appeals holds arbitration orders regarding children’s issues are void ab initio

Many family law attorneys in the Charleston area were awaiting the Court of Appeals decision in Singh v. Singh, which was argued there this February. That appeal was supposed to determine whether child issues in family court could be arbitrated. While many family law attorneys were allowing such issues to be arbitrated, other family law […]

In Thornton, Court of Appeals mostly affirms decisions on equitable distribution and fees

The October 23, 2019, Court of Appeals opinion in Thornton v. Thornton mostly affirms the family court’s decision on issues of equitable distribution and fees. In Thornton, Husband filed for an adultery divorce after he became suspicions of Wife’s relationship with a co-worker. Custody was highly contested and required the services of a guardian ad […]

Nelson demonstrates the problems of inaccurate or incomplete financial disclosure when resolving equitable distribution

The August 21, 2019 Court of Appeals opinion in Nelson v. Nelson, 428 S.C. 152, 833 S.E.2d 432 (Ct. App. 2019), demonstrates the problems of inaccurate or incomplete financial disclosure when resolving equitable distribution issues. In Nelson both parties, but especially Husband, went to trial with incomplete or inaccurate information regarding the value of and […]

Thompson finds Rule 60(b)(5), SCRCP, does not give family court subject matter jurisdiction to modify equitable distribution

The August 7, 2019 Court of Appeals opinion in Thompson v. Thompson, 428 S.C. 142, 833 S.E.2d 274 (Ct. App. 2019), holds that Rule 60(b)(5), SCRCP, does not give that family court subject matter jurisdiction to modify an equitable distribution order. The Thompsons’ divorce decree approved a separation agreement providing “[a]s soon as she is […]

May approves reformation of a court-approved equitable distribution agreement based upon an alleged mutual mistake

The July 24, 2019 Court of Appeals opinion in May v. May, 428 S.C. 131, 833 S.E.2d 78 (Ct. App. 2019), upheld the family court’s reformation of a court-approved separation agreement based upon the mediator’s scrivener’s error and an alleged mutual mistake. In May, the parties entered a separation agreement drafted by the mediator. In […]

 

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