South Carolina Lawyers Weekly
Although appellant-Mother did not seek court intervention for more than seven years while respondent-Father paid less in child support than the court had ordered him to pay, Father did not present sufficient evidence to establish (1) any agreement between the ...
Read More »Domestic Relations – Parent & Child – Support – Arrears – Retroactive Reduction – Equitable Estoppel – Interest
Domestic Relations – Parent & Child – Arbitration – Custody Dispute – First Impression – Parens Patriae 
Our Supreme Court has not specifically addressed binding arbitration and the family court’s duty to protect the best interests of children; however, a court cannot be bound by an arbitration award and simultaneously act as parens patriae on behalf of ...
Read More »Domestic Relations Parent & Child – Alternating Custody – Disfavored – Child Support Arrears
Because (1) both parents are fit, loving, and want custody of their child and (2) the parents have a divisive relationship and fail to communicate effectively, the family court erred when it ordered week-to-week alternating custody. We reverse the custody ...
Read More »Domestic Relations Parent & Child – Custody & Visitation – Arbitration
Binding arbitration is not available to decide questions of child custody and support because the family court must always make the determination as to what is in the best interest of the child. The family court properly determined that it ...
Read More »Domestic Relations Parent & Child – Reunification Plan – Foster Parents – Permissive Interventio
Where DSS sought to remove three children from long-term foster care and place the children with a relative, and where the foster parents, in a private action, sought to terminate the biological parents’ rights and adopt the children, the family ...
Read More »Domestic Relations Grandparent Visitation – Constitutional – Due Process – Compelling Circumstances
Our grandparent visitation statute, S.C. Code Ann. § 63-3-530(A)(33), requires the family court to find compelling circumstances before awarding grandparent visitation over the objection of a fit parent. As a result, the statute is constitutional. In this case, the mother’s ...
Read More »Domestic Relations Equitable Distribution – Unvested Pension – Divorce Grounds
The husband’s pension plan had not yet vested when the trial court issued its equitable distribution order, and there was conflicting evidence as to the lump-sum value of the pension; consequently, the family court should have awarded the wife a ...
Read More »Domestic Relations Equitable Distribution – Taxation – Penalties & Fees – Real Property – Mortgages – Attorney’s Fees
Even though some of the appellant/respondent-husband’s tax debt was properly classified as a marital debt, since the penalties and fees he owed were incurred due to his own negligence in not filing his tax returns on time and not for ...
Read More »Domestic Relations Equitable Distribution – Final Order – Modification
Once the family court entered a final equitable distribution order—without reserving continuing jurisdiction—and in the absence of extraordinary circumstances, the family court did not have jurisdiction to make substantive modifications to the equitable distribution of the marital estate. We reverse ...
Read More »Domestic Relations Equitable Distribution – Inherited Property – Traceable Proceeds – Marital Use – Alimony
Where the defendant-husband inherited property, sold the property, used the proceeds of the sale to build the parties’ marital home, but kept the property titled in his name alone, mere marital use of the property was not sufficient to show ...
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