South Carolina Lawyers Weekly

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 ...

Tagged with: Domestic Relations

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 ...

Tagged with: Domestic Relations

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 ...

Tagged with: Domestic Relations

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 ...

Tagged with: Domestic Relations

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 ...

Tagged with: Domestic Relations

Our alimony statute, S.C. Code Ann. § 20-3-130(C), repeatedly uses but does not define the term “supported spouse.” We agree with the defendant-Husband that this is merely a descriptive term delineating the person actually receiving alimony. We decline the plaintiff-Wife’s ...

Tagged with: Domestic Relations

It appears that plaintiff called himself married when it was convenient and financially beneficial for him but considered himself single when marriage was inconvenient or financially detrimental. Moreover, the evidence shows defendant did not consider herself married to plaintiff. The ...

Tagged with: Domestic Relations

Although the family court accepted the respondent-Mother’s testimony that she had paid the appellant-Father child support in cash, the record shows that Mother’s testimony was not credible.  We reverse the family court’s finding that Mother made cash payments to Father ...

Tagged with: Domestic Relations

Plaintiff’s decedent (Wife) had already filed suit against the defendant-Husband in the family court for equitable apportionment when she died. As a result, Wife’s property rights in the couple’s marital property had vested, and the family court correctly continued to ...

Tagged with: Domestic Relations

Although the plaintiff-Wife has more education and steadier employment than the defendant-Husband, since (1) Husband’s adultery was the impetus behind this litigation, (2) Wife has significant student loans to repay, and (3) Wife’s support during the marriage allowed Husband to ...

Tagged with: Domestic Relations