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Nov 7, 2018

For Baby Boomers, divorce is booming, too

This is the third in a series of articles looking at how the aging of America’s population is affecting the practice of law. Divorce rates in the United States have been on a steady decline for decades, but one group of Americans is heading decidedly in the opposite direction. A report published by the Pew […]

Sep 21, 2018

Domestic Relations – Divorce – Alimony – Equitable Distribution

Wife was granted divorce based on husband’s adultery. The family court ordered husband to pay permanent periodic alimony and child support and awarded wife five of the six rental properties in the marital estate. The family court also provided husband a credit on alimony for debt that one of the rental properties awarded to wife […]

Sep 15, 2017

Domestic Relations – Alimony – Parties’ Health & Earning Capacities – Equitable Distribution – Attorney’s Fees

Murphy v. Murphy (Lawyers Weekly No. 011-067-17, 10 pp.) (Per Curiam) Appealed from Newberry County Family Court (Peter Neussle, J.) S.C. App. Unpub. Holding: The family court’s findings exaggerated the wife’s monthly income and understated the husband’s monthly income; moreover, the court’s ruling that the wife would be able to return to work after double […]

Jul 29, 2016

Domestic Relations – Alimony – Modification – Social Security Eligibility – Attorney’s Fees

Woods v. Woods (Lawyers Weekly No. 011-072-16, 23 pp.) (Stephanie McDonald, J.) Appealed from Barnwell County Family Court (W. Thomas Sprott Jr., J.) S.C. App. Holding: The parties’ property settlement agreement – incorporated into their divorce decree – said its provisions were not modifiable by courts “except as set forth herein.” The spousal support section […]

Jan 12, 2016

Criminal Practice – Emails Seeking Alimony Were Illegal Threats

U.S. v. White (Lawyers Weekly No. 001-009-16, 44 pp.) (Thacker, J.) No. 14-4375, Jan. 7, 2016; USDC at Roanoke Va. (Turk, J.) 4th Cir. Holding: At defendant’s trial for emailing threats of violence to obtain alimony from his ex-wife, a jury instruction was erroneous in light of a later U.S. Supreme Court decision on 18 […]

Sep 22, 2015

Cash still king for alimony payments

BOSTON – Alimony is the payment of support from a spouse, who has the ability to pay, to a spouse in need of support for a reasonable length of time, under a court order. While seemingly simple, this definition can have costly and unintended consequences if not implemented appropriately. In a recent U.S. Tax Court […]

Aug 31, 2015

Domestic Relations – Alimony – Cohabitation – 90-Day Requirement

McKinney v. Pedery (Lawyers Weekly No. 010-103-15, 13 pp.) (Jean Hoefer Toal, C.J.) (Kaye Hearn, J., joined by John Kittredge, J., concurring in the result) Appealed from Greenville County Family Court (Billy Tunstall Jr., J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: Even though defendant’s paramour lives with him […]

Aug 4, 2015

A (small) raise for Roof

After two trips to the South Carolina Court of Appeals and a more than three-year wait between each visit, a woman has finally gotten an increase in alimony payments from her ex-husband – a whopping $2.35 more per month. The appellate court in 2011 first kicked the case of Yancey Roof v. Kenneth Steele back […]

Jul 24, 2015

Domestic Relations — Alimony – Wife’s Ability to Work – MS

Roof v. Steele (Lawyers Weekly No. 011-070-15, 8 pp.) (Aphrodite Konduros, J.) Appealed from Lexington County Family Court (Michelle Hurley, J.) S.C. App. Holding: Although the plaintiff-wife, who suffers from multiple sclerosis, works full time – earning less than minimum wage – in the frame shop she co-owns, this does not mean she would be […]

Jul 21, 2015

Domestic Relations — Alimony – Rehabilitative vs. Permanent – Relocation Requirement

Ricigliano v. Ricigliano (Lawyers Weekly No. 011-062-15, 16 pp.) (Thomas Huff, J.) Appealed from Dorchester County Family Court (William Wylie Jr., J.) S.C. App. Holding: Where the defendant-wife is more educated, better compensated, and has been more steadily employed than the plaintiff-husband, and where the wife was completely at fault in the breakup of the […]

Mar 3, 2015

Domestic Relations — Alimony – Condoned Adultery – Attorney’s Fees – Equitable Distribution – Economic Misconduct

Srivastava v. Srivastava (Lawyers Weekly No. 011-022-15, 14 pp.) (John Geathers, J.) Appealed from Beaufort County Family Court (Peter Fuge, J.) S.C. App. Holding: Even the respondent-husband’s evidence indicates that he forgave the appellant-wife’s adultery and resumed normal cohabitation with her, and there is no indication that she ever engaged in adultery again; therefore, the […]

Nov 14, 2012

Domestic Relations – Alimony – Factors – Equitable Apportionment – Non-Marital Property – Homemaker Contributions – Parent & Child – Custody

Coghlan v. Coghlan While the plaintiff-mother may have been intentionally under-employed during the summer, she did not do so based on a desire to gain a litigation advantage; instead, she did so out of a desire to take care of the parties’ children during their summer vacation while the defendant-father was at work.

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