Court of Appeals reverses equitable estoppel defense to past due child support
Posted Monday, January 6th, 2020 by Gregory Forman
Filed under Child Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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.
Reflections on thirty years of marriage
Posted Monday, December 30th, 2019 by Gregory Forman
Filed under Divorce and Marriage, Not South Carolina Specific, Of Interest to General Public
The main thing that differentiates marriages that end in divorce from those that end when death-do-them-part is the sheer stubbornness of the parties involved.... –that
Posted Thursday, December 19th, 2019 by Gregory Forman
Filed under Child Custody, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
Argued first but decided second, the December 18, 2019 Court of Appeals opinion in Singh v. Singh, 429 S.C. 10 , 837 S.E.2d 651 (Ct.App.
Is there a ceiling on alimony or child support?
Posted Friday, December 6th, 2019 by Gregory Forman
Filed under Alimony/Spousal Support, Child Support, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
An issue more philosophical than legal is whether there should be a ceiling on alimony and (especially) child support awards. On one hand, alimony (and
The difficulties of predicting alimony reduction on retirement
Posted Tuesday, December 3rd, 2019 by Gregory Forman
Filed under Alimony/Spousal Support, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
In 2012 South Carolina passed a statute, S.C. Code § 20-3-170(B), in which one subsection set forth criteria for the family courts to consider when
Marital property as lump sum alimony
Posted Monday, December 2nd, 2019 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Distribution/Property Division, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
There are occasionally cases in which a spouse who would typically pay significant permanent periodic alimony as part of a marital dissolution has destroyed his
Unpublished Supreme Court opinion in Conits demonstrates the effect of de novo standard of review
Posted Wednesday, November 20th, 2019 by Gregory Forman
Filed under Appellate Procedure, Equitable Distribution/Property Division, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
Last week I blogged about how the Supreme Court’s decisions in Lewis and Stoney–mandating a de novo standard of appellate review of family court factual
Tomlinson continues the appellate disfavor of joint custody
Posted Wednesday, November 13th, 2019 by Gregory Forman
Filed under Child Custody, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The November 13, 2019, Court of Appeals opinion in Tomlinson v. Melton, 428 S.C. 607, 837 S.E.2d 230 (Ct.App. 2019), continues the appellate court’s disfavor
What de novo appellate review is actually doing
Posted Tuesday, November 12th, 2019 by Gregory Forman
Filed under Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
I thought it noteworthy when the Supreme Court remanded Stoney v. Stoney, 421 S.C. 528 , 809 S.E.2d 59 (2017), back to the Court of
Stone v. Thompson is in the books
Posted Thursday, November 7th, 2019 by Gregory Forman
Filed under Divorce and Marriage, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
Updating some of my blogs this morning to include citations to Southeastern Reporter and South Carolina Reports, I realized that the petition for rehearing in
