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Category Archives: South Carolina Family Court

Expunge your criminal history

  Expungement “Innocent until proven guilty,” is a phrase that relates to your relationship with government. It is not normally practiced within the court of public opinion. Public opinion seems to regularly convict a person at the time of the arrest. Your criminal record may carry the baggage of arrests that never resulted in a […]

Child support

Child Support In South Carolina, Child Support is generally calculated using the South Carolina Child Support Guidelines. These guidelines take into consideration the gross income of both parents, other children in the home of each parent, other child support paid or received by parents, work related daycare, health insurance, tax credit for daycare expenses, extraordinary […]

Name Change

Name change Adults and minors can request permission to change their names through Family Court. The process for adults is more direct and less cumbersome than process for a minor. An adult name change generally requires formal investigation and reporting to the Family Court that the name change is not being sought for an improper […]

Hire a lawyer

Hire a lawyer. If you handle your legal matter without the assistance of a lawyer you may suffer costly irreversible mistakes. The internet and legal forms software provide individuals the ammunition destroy their legal position. A few examples: simple mistakes regarding endorsements of wills and contracts; failure to address major issues in divorce cases; failure […]

Financial Declarations in Family Court: Trap or Trump Card. You decide.

  Litigants and litigators regularly consider the financial declaration as a mere afterthought in preparation for temporary hearings or trial. The financial declaration is a required filing by parties in Family Court cases. Rule 20(b), SCFCR, requires the declaration be “filed and served prior to or at the first hearing, or no later than 45 […]

SOUTH CAROLINA FAMILY COURT TEMPORARY HEARING: OUTLINE OF PROCEDURE, GOALS, PREPARATION, AND ATTENDANCE

South Carolina Family Court Temporary Hearing:  Outline of procedure, goals, preparation, and attendance Speed is important.  The Supreme Court of South Carolina directed Family Court Judges, parties, and attorneys to expeditiously move cases to conclusion within 365 days of filing.  From a public policy perspective, families need their disputes resolved.  This directive is contained in […]

Family Court Lawyer

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Wisely Choose you should, Family Court Battles.

Wisely Choose you should, Family Court Battles. “The good fighters of old first put themselves beyond the possibility of defeat, and then waited for an opportunity of defeating the enemy.” Sun Tzu, Art of War. Family Court cases (divorce, equitable division, child custody, or visitation) have no shortage of battles. Picking fights that you cannot […]

Winning on the Rules, not the Facts

Winning on the Rules, not the Facts Chief Justice Toal issued an Order on November 21, 2012, changing significantly the procedure for Temporary Hearings in South Carolina Family Courts. We are approaching the one year anniversary of this Order. I have prevailed on numerous occasions in court, in part, because of counsel’s failure to comply […]