Should student loan payments be a factor in setting child support?

Posted Thursday, March 23rd, 2017 by Gregory Forman
Filed under Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

It has always struck me as fundamentally unfair that student loan payments–especially interest on those payments–are not deductible from income for income tax purposes. Borrow

Changes in the non-custodial parent’s income have a much bigger impact on child support than changes in the custodial parent’s income

Posted Monday, March 20th, 2017 by Gregory Forman
Filed under Child Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Child support can be modified based upon a substantial change of circumstances. Common circumstances that justify a child support modification are when work-related child care

If you want peace, prepare for war

Posted Sunday, March 19th, 2017 by Gregory Forman
Filed under Attorney-Client Relations, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Clients often ask me, if the goal is to settle the case, why I ask them to gather substantial information or why I issue discovery

The unknown unknowns

Posted Wednesday, March 15th, 2017 by Gregory Forman
Filed under Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

There are known knowns. These are things we know that we know. There are known unknowns. That is to say, there are things that we

Substituted, published Court of Appeals opinion clarifies terminating parental rights of incarcerated parents

Posted Tuesday, March 7th, 2017 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific

N.B. On May 9, 2018 the Supreme Court reversed this decision.  See: Supreme Court reinstates termination of father’s parental rights and authorizes foster parent adoption On

Representing witnesses of current family court clients

Posted Sunday, March 5th, 2017 by Gregory Forman
Filed under Attorney-Client Relations, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Rules of Professional (Lawyer) Conduct

A few times every year a witness in a current family court case will ask me to represent him or her in a family court

Best practices in responding to requests for production

Posted Friday, February 17th, 2017 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

I spend a lot of time struggling to get opposing attorneys to fully respond to requests for production. Often it’s hard to tell if the

Does the De Facto Custodian statue limit or implicitly overrule Moore v. Moore?

Posted Friday, February 3rd, 2017 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

Comments from attorneys and litigants who’ve made this argument are most welcome Moore v. Moore, 300 S.C. 75, 386 S.E.2d 456, 458 (1989) is the

The codification of child custody factors is making encouragement of the other parent’s relationship with the child much more important

Posted Friday, January 20th, 2017 by Gregory Forman
Filed under Child Custody, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific

When South Carolina codified child custody factors in June 2012 as S.C. Code § 63-15-220, I noted,“I do not see any reason why this statute

Little reason to attack the guardian at trial

Posted Sunday, January 15th, 2017 by Gregory Forman
Filed under Child Custody, Guardians Ad Litem, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys

Working on materials for an upcoming lecture on attorney/guardian interactions, I realized that it had been years since I last felt compelled to “attack” the

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