South Carolina Lawyers Weekly

The stated asked us to review whether the Court of Appeals (1) improperly interpreted S.C. Code Ann. § 23-3-430(D) and the legislative intent behind it, (2)  improperly ignored the proper standard of appellate review by weighing evidence and substituting its ...

Tagged with: Domestic Relations

Where the nonresident defendant-Husband objected to the family court’s jurisdiction over his military retirement benefits at his earliest opportunity and before he took any further action in response to the plaintiff-Wife’s action for divorce, equitable distribution and other matters, and ...

Where the defendant-Mother refused to believe her sons’ allegations that her husband hurt them, she minimized her husband’s conduct, and she had a pattern of failing to comply with the no-contact provisions of a DSS safety plan, Mother was not ...

After the plaintiff-Wife had filed for divorce, she reviewed and agreed to a contract for the sale of the retiring defendant-Husband’s dental practice; the contract specified that $424,140 of the purchase price was for goodwill. Nevertheless, no evidence supports the ...

The hearsay exception in Rule 803(4), SCRE, for statements made for the purpose of medical diagnosis or treatment may be subject to overextension; however, the exception can be reined in by trial court’s application of the “reasonably pertinent” requirement and ...

Although the plaintiff-Husband presented some evidence that he intended his parents’ South Carolina home to be his residence, Husband returned to the parties’ North Carolina residence whenever his military service and airline employment allowed, and he also became involved in ...

The parties’ younger daughter’s grades declined for some of the time she was in the defendant-Mother’s custody; however, her reading scores began to greatly improve approximately two weeks before the hearing in this matter. Further, the parties’ elder daughter was ...

Where the parties’ 18-year-old son had dropped out of high school and had been working full-time for one or two years, and where he had previously attended GED classes but stopped without receiving his GED, the fact that the son ...

In considering the best interest of the minor child (Child) in this case, the family court appeared to give undue weight to the fact that, as a result of terminating the respondent-Father’s parental rights and allowing the petitioner-Grandfather to adopt ...

The parties’ 2003 divorce decree said the alimony awarded to the defendant-Wife would be “non-modifiable and will cease only at the death of [Wife] or [the plaintiff-Husband] or the remarriage of [Wife].” Although this decree did not expressly deny the ...