Category Archives: Child Custody

Alimony in South Carolina-How do Judges Decide?

In South Carolina, alimony is considered a substitute for the support normally incidental to the marital relationship. Spence v. Spence, S.E.2d 683, 684 (1973). “Generally, alimony should place the supported spouse, as nearly as is practical, in the same position … Continue reading

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The Basics of Filing for Divorce in South Carolina

If you’ve decided to file for divorce, you may have questions about the process. This article provides a basic overview of how to obtain a “simple divorce” (No Fault divorce) in South Carolina. If you do not meet all of … Continue reading

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How does SC determine a Spouse’s Income? How does SC Determine Alimony?

In a recent South Carolina case, Burgess v. Burgess, the Court of Appeals case addressed multiple issues, most notably the family court’s award of alimony to the wife based in large measure to the court’s imputing an annual income to … Continue reading

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Is a Spouse’s Business considered Marital Property? What is transmutation?

This issue is discussed in a recent South Carolina Supreme Court case, Pittman v. Pittman. In this case, the South Carolina Supreme Court addressed the issue of whether one spouse’s land surveying business would be considered marital property subject to … Continue reading

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Adoptive Couple v. Cherokee Nation, The Indian Child Welfare Act

The Court affirmed the family court order denying the private adoption of an Indian child and the award of custody to the biological father. Because this case involves an Indian child (Baby Girl), the Indian Child Welfare Act applies and … Continue reading

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What justifies a Judge transferring custody?

In South Carolina, as a general rule a change of custody occurs when there is a substantial change in circumstances and the focus is on the best interests of the child, rather than the parents.  A recent court decision involving … Continue reading

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Should Veteran Disability Benefits be divided in Family Court

In recent news, a disabled veteran has asked the U.S. Supreme Court to reconsider whether individual states should be allowed to consider a veteran’s disability compensation in calculating spousal support; and additionally whether federal law bars state courts from considering … Continue reading

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What are your rights when you share custody?

When couples share custody, what are the individual rights and responsibilities of the parties regarding time with the child, financial obligations, etc.? The answer to that question is that there is no set answer. Custody agreements are based on the … Continue reading

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What does Joint Custody mean?

Joint custody can be defined in many ways and should be detailed in a Custody Order. In many cases, parents share joint custody with one of the parents as the primary custodian.  In this case, the child lives primarily with … Continue reading

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