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South Carolina Family Law Blog Information and Insight On Family Law Issues In South Carolina

Recent Decision Discusses Equitable Division, Alimony, and Expert Witness Fees

Posted in Alimony, Assets and Debts, Financial Issues

The S.C. Court of Appeals issued a decision earlier this week which addressed several important financial concepts in divorce cases:

  • The Court affirmed the equitable distribution award, holding that, generally, in South Carolina marital property subject to equitable distribution is valued on the date marital litigation is commenced. Therefore, the Family Court did not err by failing to consider the IRA’s increase after the final hearing nor by failing to reconsider the valuation of the family’s house, which sold after the family court issued the divorce decree.
  • The Court reversed and remanded the award of alimony because the Court relied only on Wife’s need and Husband’s ability to pay alimony in making its determination and it did not consider Wife’s non-marital assets.
  • The Court reversed the award of expert fees to Wife, holding that she failed to produce evidence to support the award.  In this case, the expert did not testify and the Wife did not affirmatively establish what services he performed.

You can read the full text of Fuller v. Fuller by clicking HERE.

  • http://125 Bill

    My divorice has been final for 4 years and i’m about as the court for the child suport that I have resurved. My x-wife does not want to pay child support and is threatning alomony, Can my x-wife get Alomony/maintenance after 4 years?

  • smathis

    How does alimony work in a marriage less than 6 years/4 living together when wife asked him to leave, but now she is on disablity?

  • GK

    I am trying to figure out the legalities of having to pay even more money to the court appointed guardian ad litem. The childrens guardian is requesting more money and we (wife & I) dont have it. We have paid out 2500 already and he is requesting another 5000. I am guessing that some sort of order will need to be filed along with a financial declaration? The other side (her ex) has completely tapped us dry with continuous court filings and we can not afford this nor can we qualify for another loan. Can something be filed to waive the said fee’s or introduce a payment plan and will our ability to pay weigh on the guardians decision with the childrens custody? Also is there a list/ guidelines that are specific to SC that guardians are supposed to use to determine custody?