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July 2015 South Carolina Family Law Update

Posted by J. Benjamin Stevens | Aug 13, 2015 | 0 Comments

Monthly law update

The Stevens Firm is pleased to present the July 2015 South Carolina Family Law Update:

Shearouse Advance Sheets:

Ricigiliano v. Ricigliano: Husband appealed the family court's award of conditional rehabilitative alimony, instead of permanent periodic alimony; the division of the parties' marital estate; the court's failure to hold Wife in contempt; and the court's failure to order Wife to contribute to Husband's extraordinary attorney's fees and costs. See Shearouse Adv. Sh. No. 27 at 40, Op. 5325 (S.C. Ct. App. filed July 15, 2015). You can find our briefing of the opinion here.

McAlhaney v. McElveen: During a contested custody dispute, Richard K. McElveen, Sr. engaged in libel and slander toward his daughter-in-law's boyfriend. Mr. McElveen appealed the trial court's denial of his motion for a new trial, arguing the trial court erred in ruling the jury's award of punitive damages against him was not so grossly excessive as to shock the conscience of the court. See Shearouse Adv. Sh. No. 27 at 96, Op. No. 5328 (S.C. Ct. App. filed July 15, 2015). You can find our briefing of the opinion here.

Roof v. Steele: Wife appealed the family court's alimony award, alleging it erred in reducing her previously modified award and requiring her to pay back the overpayment of alimony received during the pendency of the case on remand, through an offset of her attorney's fees award. See Shearouse Adv. Sh. No. 28 at 21, Op. 5333 (S.C. Ct. App. filed July 22, 2015). You can find our briefing of the opinion here.

Administrative Order/Court Rules Update:

By Administrative Order dated July 31, 2015, the South Carolina Supreme Court approved the use of the following forms:

Motion and Order for Expungement Of Juvenile Records (Family Court) (SCCA 492)

Motion and Order for Expungement Of Juvenile Records –Not Guilty (Family Court) (SCCA 492NG)

The Order approving the forms can be found here.

Legislative Update:

None relating to family law.

This Update from The Stevens Firm, P.A. South Carolina Family Law is published as a service to our attorneys, clients, and friends. It is intended to be a high level overview of the developments in South Carolina Family Law and is a general summary of law. This publication It should in no way replace legal advice specific to your circumstances or in any way creates an attorney-client relationship. If you require further information on anything covered in our South Carolina Family Law Update, please contact our firm at (864) 598-9172 or [email protected] to make an appointment with one of our attorneys. Further information can also be found on our website.

© The Stevens Firm, P.A. 2015

About the Author

J. Benjamin Stevens

Aggressive, creative, and compassionate are words Ben Stevens' colleagues freely use to describe him as a divorce and family law attorney. Ben is a Fellow in the prestigious American Academy of Matrimonial Lawyers, the International Academy of Family Lawyers, and is a Board Certified Family Trial Advocate by the National Board of Trial Advocates. He is one of only four attorneys in South Carolina with those simultaneous distinctions. To schedule a consultation with Ben Stevens call (864) 598-9172.

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