Better to be an adulterer than an adulterer and a liar
Posted Friday, March 7th, 2014 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
A mentee recently asked me if one should admit an allegation of adultery in a responsive pleading when the adultery is obvious. While I think
Posted Wednesday, March 5th, 2014 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
South Carolina family law’s approach to alimony continues to reflect an antiquated view of gender roles. South Carolina is the only state in which a
Court of Appeals mostly affirms family court’s equitable distribution award
Posted Wednesday, March 5th, 2014 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
On May 21, 2014 the Court of Appeals slightly modified the opinion in this case. The March 5, 2014 Court of Appeals opinion in Teeter
South Carolina takes small step toward insuring due process in child support collection
Posted Sunday, March 2nd, 2014 by Gregory Forman
Filed under Child Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
On February 28, 2014 the South Carolina Supreme Court promulgated the use of the following new form, SCCA 430S, which can be downloaded here, for
Misunderstanding passive depreciation in equitable distribution
Posted Monday, February 17th, 2014 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
South Carolina family law distinguishes active depreciation or appreciation–changes in value due to the deliberate efforts of one party–from passive depreciation or appreciation–changes in value
Should there be automatic de novo review of temporary custody and support orders?
Posted Thursday, January 30th, 2014 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I’ve previously complained that South Carolina’s handling of family court temporary hearings violate due process. This is because allowing such hearings to proceed on affidavits
Court of Appeals finds family court improperly determined downsized husband’s earning capacity
Posted Wednesday, January 22nd, 2014 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
In the January 15, 2014 opinion of Burgess v. Burgess, 407 S.C. 98, 753 S.E.2d 566 (Ct. App. 2014), the Court of Appeals reversed and
Supreme Court affirms lower courts’ ruling on transmutation of husband’s business
Posted Wednesday, January 15th, 2014 by Gregory Forman
Filed under Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The January 15, 2014 Supreme Court opinion in Pittman v. Pittman, 407 S.C. 141, 754 S.E.2d 501 (2014), affirmed the Court of Appeals and family court’s determination that
2013 again provides a dearth of published family law opinions
Posted Friday, January 3rd, 2014 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
There are literally hundreds of commonplace but unresolved family law issues in South Carolina. Yet, at the rate our appellate courts issue published family law
Reserving alimony when there’s military retirement
Posted Friday, November 22nd, 2013 by Gregory Forman
Filed under Equitable Distribution/Property Division, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
One of the quirks of family law is that a veteran’s military retirement is subject to equitable distribution but that veteran’s military disability is not.
