The defendant-Wife owned what became the marital home (Harbor Place) for eight years before the parties’ marriage. While it is true that Wife used marital funds to discharge Harbor Place’s mortgage indebtedness and that the plaintiff-Husband contributed financially to the ...
Read More »Domestic Relations – Alimony – Change in Circumstances – Standard of Living
Even though the defendant-Wife’s income has increased since the parties’ divorce—when she worked two jobs in addition to receiving child support and alimony in order to maintain financial stability—her total monthly income and standard of living have remained relatively constant ...
Read More »Domestic Relations – Parent & Child – Custody & Visitation Dispute – Contempt – Subpoenas
According to the parties’ divorce decree, if they could not agree on visitation for their son’s (Son’s) birthday, the plaintiff-Mother was to have Son “from after school the night before [Son’s] birthday” and the defendant-Father would have Son “from after ...
Read More »Domestic Relations – Parent & Child – Custody & Visitation – Relocations – Attorney’s Fees
According to the record, both parties have relocated (plaintiff-Mother to Florida and defendant-Father to Ohio); their daughters’ (Daughters’) communication with Mother is negatively impacted when they are in Father’s custody, but Mother encourages the relationship between Father and Daughters; and ...
Read More »Domestic Relations – Equitable Division – Inherited & Purchased Property – Alimony – Social Security Disability – Child Support – Educational Expenses
Since the plaintiff-wife inherited a one-seventh interest in her house, that one-seventh interest is her separate property. However, because the wife purchased the remaining six-sevenths interest from her siblings before she filed for divorce, the six-sevenths interest is marital property. ...
Read More »Domestic Relations – Parent & Child – Custody Modification – Parent Relocation – First Impression
Where the parties had a true joint physical custody arrangement, the appellant-mother’s relocation from Greenville to Columbia presents an issue of first impression as to whether there was a substantial change of circumstances warranting a review of the children’s best ...
Read More »Domestic Relations – Parent & Child – TPR – Failure to Support – Judicially Motivated Payments
Even though the defendant-mother (Mother) made most of her child support payments after plaintiffs filed this termination-of-parental-rights (TPR) action, (1) during the first 19 months that Mother’s children were in foster care, Mother failed to provide any support, despite having ...
Read More »Domestic Relations – Parent & Child – Lump Child Support – First Impression – Equitable Distribution – Attorney & GAL Fees
Although a family court may create a trust or require other security to protect child support payments, such a device is generally used to ensure the asset will not be dwindled away by the supporting parent. Here, the trial court ...
Read More »Domestic Relations – Parent & Child – Custody & Support – Credibility – Attorney’s Fees
We know of no authority requiring the family court to give a witness-by-witness account of its credibility assessments. The family court’s final order explains that the judge reviewed all of the exhibits, considered the testimony, and considered witness credibility. The ...
Read More »Domestic Relations – Divorce & Equitable Distribution – Service of Process – Fraud on the Court
Although the record supports the family court’s ruling that respondent-Husband properly served appellant-Wife by publication 15 years after they separated, Wife’s evidence as to notice and health issues showed that she challenged the validity of the family court’s divorce decree ...
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