South Carolina Lawyers Weekly

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

The defendant-Mother testified that both she and the parties’ children need a consistent schedule for stability and planning purposes. Given the plaintiff-Father’s inconsistent exercise of his midweek parenting time and his failure to provide sufficient notice of such to Mother, ...

Tagged with: Domestic Relations

An adult daughter, who was her elderly father’s guardian and conservator, could file suit against her mother for the father’s separate maintenance and support.  We affirm the family court’s denial of the defendant-Wife’s motion to dismiss.  Facts  After a long ...

Tagged with: Domestic Relations

The appellant-Father appealed the family court’s original order that he pay $34,864.63 of the respondent-Mother’s attorney’s fees, in the amount of $5,000 every 90 days, and we reversed and remanded for the family court to consider Father’s ability to pay. ...

Tagged with: Domestic Relations

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 ...