Court of Appeals affirms $250,000 fee and cost award (but remands the issue of payment deadline)
Posted Wednesday, July 15th, 2020 by Gregory Forman
Filed under Attorney's Fees, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The July 15, 2020 Court of Appeals opinion in Couch v. Couch, 431 S.C. 170, 847 S.E.2d 260 (2020), affirmed a family court order requiring
In Thornton, Court of Appeals mostly affirms decisions on equitable distribution and fees
Posted Thursday, October 24th, 2019 by Gregory Forman
Filed under Attorney's Fees, Divorce and Marriage, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The October 23, 2019, Court of Appeals opinion in Thornton v. Thornton, 428 S.C. 460, 836 S.E.2d 351 (Ct. App. 2019), mostly affirms the family
Without an itemized statement of time, your attorney fee affidavit is incomplete
Posted Monday, August 19th, 2019 by Gregory Forman
Filed under Attorney's Fees, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
Probably once a month I attend a contested family court hearing in which the opposing counsel attempts to submit a fee affidavit without including an
Court of Appeals affirms an unusual and detailed custody arrangement
Posted Friday, May 10th, 2019 by Gregory Forman
Filed under Attorney's Fees, Child Custody, Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The May 8, 2019 Court of Appeals opinion in Klein v. Barrett, 427 S.C. 74 828 S.E.2d 773 (Ct. App. 2019), finds the Court of
Shouldn’t a party’s assets be a factor in “ability to pay” family court attorney’s fees?
Posted Thursday, October 25th, 2018 by Gregory Forman
Filed under Attorney's Fees, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
E.D.M. v. T.A.M., 307 S.C. 471, 476-77, 415 S.E.2d 812, 816 (1992) is the seminal South Carolina case in deciding whether to award a prevailing
Bojilov highlights importance of a good record and accurate financial declarations
Posted Tuesday, October 16th, 2018 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Child Custody, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The September 19, 2018 Court of Appeals opinion in Bojilov v. Bojilov, 425 S.C. 161, 819 S.E.2d 791 (Ct. App. 2018), doesn’t establish any novel
Stoney 2 (or 4) largely follows the original Stoney opinion
Posted Wednesday, August 29th, 2018 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Child Support, Divorce and Marriage, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The long strange journey of the Stoney appeal took another step on August 29, 2018 when the Court of Appeals issued its remanded opinion in
Don’t expect the other side to pay your attorney’s fees
Posted Friday, April 14th, 2017 by Gregory Forman
Filed under Attorney-Client Relations, Attorney's Fees, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys
Folks going through marital litigation–and, less often, folks going through custody disputes– often contact me regarding representation with the expectation that the other side will
South Carolina Court of Appeals opinion highlights the importance of accurate financial declarations
Posted Tuesday, April 11th, 2017 by Gregory Forman
Filed under Alimony/Spousal Support, Attorney's Fees, Contempt/Enforcement of Orders, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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
How to enforce an attorney fee award
Posted Thursday, November 17th, 2016 by Gregory Forman
Filed under Attorney's Fees, Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
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