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Domestic Relations – Civil Practice – Contempt – Undisclosed Debt
The family court’s “Final Order” said, “The parties shall strictly comply with the terms of the [final settlement a]greement or risk the contempt powers of the court.” Accordingly, the plaintiff-Wife’s rule to show cause gave the family court leave to enforce the unambiguous payment and indemnification terms of the Final Order by ordering the defendant-Husband […]
Domestic Relations – Alimony – Retirement – Deferred Income – Attorneys’ Fees
The plaintiff-Husband retired and sought a reduction in his alimony obligation. In his post-retirement financial statements to the family court, Husband categorized distributions from his former employer as assets. However, evidence discovered by the defendant-Wife’s attorneys showed that Husband had been spending most of the money from the distributions as income and that his income […]
Domestic Relations – Parent & Child – Custody Modification – Manipulative Behavior
The appellant-Father showed the parties’ minor sons emails between the parents in which, for example, Father accused the respondent-Mother of being unfaithful, manipulative, and an “unrepentant liar and deceiver” and of engaging in “sinful, wicked choices” and “emotional psychological abuse of the boys[.]” Further, despite the fact that Mother chose to maintain her married name [&hel[...]
Domestic Relations – Parent & Child – Custody – Psychological Evaluation – Mediated Settlement Agreement
The defendant-Mother challenges the family court’s approval of a mediated child custody settlement agreement awarding primary custody to the plaintiff-Father. The family court erred in refusing to accept or even consider a proffer of a psychologist’s evaluation of the parties’ Child, even though Mother obtained the evaluation without Father’s consent, was dilatory in providing the [&hellip[...]
Domestic Relations – Parent & Child – Joint Custody – Abuse Accusation – Alienation
The appellant-Mother believed the respondent-Father had abused their daughter (Child) based on a statement made by Child; however, several investigations indicated that no abuse had occurred. Where Child is attached to both parents, Mother reacts adversely to recommendations she finds unfavorable, and Mother has a potential for unhealthy enmeshment with Child, we find exceptional circumstances [&h[...]
Domestic Relations – Common Law Marriage – Appeals – Interlocutory Order
Although plaintiff was entitled to immediately appeal an intermediate order finding a common-law marriage between the parties pursuant to S.C. Code Ann. § 14-3-330(1), she was not required to immediately appeal the order or to specifically list the order in her notice of appeal. We reverse the family court order finding a common-law marriage. We […]
Domestic Relations – Domestic Abuse Protection – ‘Household Member’ – Abuser’s Stepchild
Although the definition of “household member” in the Protection from Domestic Abuse Act1 (the Act) does not include a minor stepchild, other parts of the Act indicate that a minor stepchild is entitled to the Act’s protection. We reverse the family court’s order insofar as it declines to extend protection to the petitioner-Mother’s minor child, […]
Domestic Relations – Parent & Child – Custody Modification – No Change of Circumstances – GAL’s Testimony
Even though the guardian ad litem testified that the children were more comfortable with the defendant-Father and more stressed at the home of the plaintiff-Mother and their stepfather, since the children were thriving physically, mentally, socially, and academically while under Mother’s predominant care, and since Mother’s frequent moves – to larger houses or to be […]
Domestic Relations – Parent & Child – Abuse Registry – Coaching Defense – Child’s Hearsay
A counselor testified that it was “more likely than not” that a six-year-old would be traumatized by testifying and that the child was substantially likely to experience certain distress symptoms. This testimony was not sufficient to support the family court’s finding that there was a substantial likelihood that the child would suffer severe emotional trauma […]
Domestic Relations – Parent & Child – Custody – Appeals – Changed Circumstances
The matter of physical and legal custody of the parties’ minor child has been in contention for almost six years—since the child was two months old. We regret the delay caused in part by our state’s court system and acknowledge considerable changes and milestones could occur for a minor child during such a substantial delay […]
Domestic Relations – Alimony – Civil Practice – Consent Order – Res Judicata
When the parties entered into an October 2018 consent order to retroactively terminate the plaintiff-Father’s alimony obligation as of July 2018, there was another action pending requiring Father to show cause why he should not be held in contempt for disobeying the parties’ divorce decree by failing to increase his alimony payments to the defendant-Mother […]
Domestic Relations – Prenuptial Agreement – Life Insurance – Separate Property – Beneficiary Change
Before they married, decedent and the appellee-husband signed an antenuptial agreement which designated as decedent’s separate property a life insurance policy that named appellants – decedent’s children from a previous marriage – as beneficiaries. When decedent subsequently designated her new husband, instead of her children, as beneficiary of the policy, she did not transfer ownership [&[...]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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