October 16 2024
Can a Family Court Judge order an inpatient mental health evaluation of a juvenile?
I once heard a family court judge say that if an issue involved a child, he/she could do whatever they wanted. I was not sure at the time if this was correct, and it turns out it was not!
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October 11 2024
Supremes make clarifications and modifications to Administration of the SC Family Courts.
Supremes make clarifications and modifications to Administration of the SC Family Courts.
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August 07 2024
Are adoption records discoverable?
This novel issue was addressed today, August 7, 2024, by the South Carolina Supreme Court in the matter of E.G. and J.J., v SCDSS, et al.
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July 31 2024
Is personal goodwill in domestic relations law anti woman and anti family?
On July 31, 2024, in the matter of Bostic v Bostic, the South Carolina Supreme Court found a significant amount of personal goodwill in a dental practice that was formed and built during a long term (45 year) marriage.
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July 31 2024
How to modify non-modifiable alimony
Subsection 20-3-130(G) of the South Carolina Code of Laws provides in part: "The parties may agree in writing if properly approved by the court to make the payment of alimony . . . nonmodifiable and not subject to subsequent modification by the court.
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July 04 2024
Can the defense of Duress be used to avoid enforcement of a fully executed Marital Settlement Agreem
After only a 4 year marriage, Husband executed a Marital Settlement Agreement in mediation, with the advice of counsel, that required him to pay out to his then Wife literally hundreds of thousands of dollars in assets and support. The parties did not even have children!
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June 24 2024
How and when to value the mortgage balance in a family law matter: The homemaker contribution strike
The South Carolina Court of Appeals issued a ruling on June 20, 2024 in the matter of Carter v Carter involving several equitable apportionment issues. The Carters were married 19 years and had several children, all of whom were emancipated at the time of trial, save for a daughter with permanent disabilities.
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May 31 2024
Is South Carolina child support considered "income" to the receiving party?
A child support award from a prior court order, not involving the children in the current computation, will not be included in gross income to the payor or payee.
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May 13 2024
Mess around and find out- this lawyer was his own worst enemy.
On May 7, 2024 the NC Court of Appeals awarded Wife, Charity Johnson, an equitable distribution award of over 1.5 million dollars based upon the value of her husband's law practice in Charlotte, Sneed pllc. See Sneed v Johnston.
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May 08 2024
Can teenagers control a parenting plan?
A fundamental principle of custody law is that a judge makes custody rulings, and these rulings cannot be delegated to third parties. But didn't this just happen in Carballo v Carballo?
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