BUSINESS DEPARTMENT
SYLLABUS
LEG 213 - Family Law
Prerequisites: LEG 135
Credits: 3.0 Semester Hours
Instructor: Phil
Mace
Email: macep@midlandstech.com
Text: Family Law, by: Statsky. 5th edition.West Publishers.
COURSE DESCRIPTION: This course includes an examination of the
laws of marriage, divorce, annulment, separation, adoption, custody and the
juvenile.
COURSE OBJECTIVES: By the end of this course, the student
should be able to:
1. Explain Family Court procedures;
2. Understand jurisdictional and venue
limitations;
3. Prepare pleadings for divorce, contempt and
adoption;
4. Conduct initial interviews under supervision
of attorney;
5. Explain grounds for divorce and annulment in
South Carolina;
6. Understand equitable distribution concepts;
7. Know controlling principles in custody and
visitation;
8. Prepare financial statements for clients and
calculate entitlements to child support.
GRADING SCALE: A = 90-100
B = 80- 89
C = 70- 79
F = BELOW 70
W = WITHDRAWAL
WF = WITHDRAWAL DUE TO EXCESSIVE ABSENCES
Business Department
majors must earn a
GRADE COMPUTATION: Based on written examinations and projects.
ATTENDANCE POLICY: Students are expected to prepare for and
attend classes as scheduled. The
maximum number of allowable absences for this course is twice the number of
meeting times a week. Students are
responsible for any class work or assignments missed. This includes absences resulting from late
enrollment.
STUDENTS WITH
DISABILITIES: If special accommodations are needed for a student with
disabilities, the student must contact the Counseling Services office for
assistance. Documentation regarding the disability is required for
accommodation arrangements. Confidentiality of the information received will be
maintained.
FAMILY LAW: COURSE OUTLINE
Week 1
¨ Introduction to text and course.
¨ Overview of Family law: history of
marriage and relationship of husband and wife at common law.
¨ Requirements of marriage,
ceremonial and common law marriages, rights and duties associated with marriage
and effect of marriage on third parties.
¨ History of divorce and 1948 state
constitutional amendments.
¨ Equity courts and equitable relief
generally.
¨ Private restrictions on right to
marriage.
¨ Preferential treatment of married
couples - tax treatment, social security, worker's compensation, Family Medical
Leave Act, etc.
¨
Assignment: research restrictions imposed on marriage by state
constitution and statute. Reading assignment from text.
Week 2
¨ Preliminary legal interviews and
the role of paralegals.
¨ Ethical considerations in family
law practice, including unauthorized practice of law, conflicts of interest,
confidentiality, investigations, contact with courts.
¨ Obtaining financial information;
budget forms and financial declaration; contracts for legal services and fee
agreements.
¨ Review family court rules regarding
affidavits and financial information.
¨ Assignment: complete
financial declarations from tax returns handed out in class. Reading assignment
from text.
Week 3
¨ The marriage contract vs. marriage
as a status. Equal protection and other constitutional limitations on state
regulation of family matters.
¨ Right to marital privacy.
Contraception and abortion cases.
¨ Marriage and tort law: heart balm
actions, criminal conversation, alienation of affections, breach of promise to
marry.
¨ Private contracts restraining
marriage.
¨ Antenuptial agreements.
Requirements, breach, enforcement.
¨ Contract cohabitation and remedies
such as constructive trusts.
¨ Reading assignment from text and
S.C. Code.
Week 4
¨ Grounds for divorce and annulment,
with emphasis on South Carolina law.
¨ Statutory limitations on annulment.
Enoch Arden statute.
¨ Separate maintenance and support.
¨ History of divorce in South
Carolina. Constitutional limitations.
Significance of "Fault" and "no fault" divorce. Elements of grounds and defenses.
¨ Preparation of pleadings.
¨ Reading assignment from text
¨ Assignment: prepare summons
& complaint for divorce & from handout scenario.
Week 5
¨ Family Court procedure. Filing and
service requirements.
¨
Hearings for temporary relief, motions and affidavits.
¨ Temporary alimony, child support,
possession of marital residence.
¨ Orders of Protection from Domestic
Violence and other restraining orders.
Marital rape.
Stalking. Violence against Women Act. Community resources for abused and
battered spouses. Protection from Domestic Abuse.
¨ Definitions of "household
members" under state statute.
¨ Jurisdiction of Family and
Magistrate Courts
¨ Limitations on relief afforded by
Magistrate Court
¨ Notice and hearing requirements -
right to counsel.
¨ Expiration and renewal of Orders of
Protection
¨ Penalties.
¨ Violence Against Women Act
¨ Tort relief
¨ Cycle of violence
Effect of reconciliation: condonation
¨ Community resources for battered
spouses
¨ Contempt and Rules to Show Cause
¨ Reading assignment: SCRCP and FCR.
¨ Assignment: Litigation flow
chart.
Week 6
¨ Divisible divorce: subject matter, in rem and personal
jurisdiction. Long arm statute. Conflicts of law.
¨ Residency requirements and
determining domicile.
¨ Venue.
Week 7
¨ Midterm - 3.5 hour exam.
Week 8
¨ Discovery in divorce litigation -
Rules of Civil Procedure and Family Court that govern discovery.
¨ Scope of discovery: relevancy and
privileged information.
¨ Paralegal role in depositions:
arranging, notices, subpoenas, prepare of questions, documents and client
¨ Preparing and answering
interrogatories.
¨ Preparing and responding to for
admissions.
¨ Requests and motions for
production.
¨ Expert witnesses
¨ Assignment: Prepare
interrogatories, deposition notices and questions from scenario handed out in
class.
Week 9
¨ Custody and visitation: state
preference when custody is in dispute.
¨ Mandatory mediation in certain
circuits.
¨ "Best interests" of child
standard.
¨ The impact of fault on custody
determinations.
¨ Other custody considerations,
including "psychological parent", immoral conduct, abuse, neglect,
employment, sexual orientation, age of children, and moving out of state.
¨ Guardian ad litem, and volunteer
programs.
¨ Modification of custody and child
support orders. Reviews mandated by federal law - volunteer program for
paralegal.
¨ UCCJA, PPKA., UIFSA.
¨ Calculating child support for sole
and split custody situations according to guidelines. Tax implications.
¨ Enforcement provisions: contempt,
tax intercept, garnishment.
¨ Post-majority and educational
support. Emancipation.
Week 10
¨ Alimony - types of spousal support
and candidates for each.
¨ Statutory criteria for alimony
awards.
¨ Alimony as a bar to alimony
¨ IRS definitions and tax treatment.
¨ Enforcement and modification and
modification of awards.
¨ Bankruptcy
¨ Defenses to alimony claims.
¨ Assignment: reading assignment from
text
Week 11
¨ Separation and reconciliation
agreements
¨ "Legal separation" -
Arial v. Arial and progeny.
¨ Equitable division and distribution
of property
¨ Classification of property as
"marital property"
¨ Transmutation of separate property
¨ Tax consequences of marital
transfers
¨ Impact of bankruptcy on terms of
property settlements.
¨ "Incorporation" vs.
"merger" - modification of agreements
¨ Jurisdiction over third parties who
claim to property
¨ Assignment: negotiate and
prepare proposed settlement agreement with another student from scenario handed
out in class.
Week 12
¨ Preparing Orders, Motions and
Pleadings
¨ QDROs
¨ Assignment: prepare action for
court to approve negotiated settlement agreement, including complaint and
proposed order to present at conclusion of merits hearing, with DHEC forms.
Week 13
¨ Elder Law
¨ Age discrimination
¨ Living wills, health care powers of
attorney, general powers of attorney.
¨ Right to die and definitions of
death
¨ Medicaid eligibility
¨ Assignment: prepare living will,
general power of attorney for client.
¨ Adoption reform in South Carolina.
¨ Exceptions to residency
requirements for special needs children.
¨ Voluntary relinquishment -
requirements of consent.
¨ Involuntary termination of parental
rights.
¨ Revocation of consent
¨ Types of adoption: private, agency,
public and stepparent.
¨ Doctrine of equitable adoption
¨ Artificial insemination: In re Baby
Doe.
¨ Confidentiality of records and
criminal penalties for release of information.
¨ Surrogacy.
¨ Cryopreservation.
¨ Illegitimacy.
¨ Paternity determinations.
¨ Assignment: Prepare Adoption
complaint, financial declarations and disclosure forms, proposed decree and
DHEC forms for adoption from scenario handed out in class.
Week 14
¨ Juvenile delinquency and family
court
¨ Rights of juveniles - In re Winship
¨ Neglect and Abuse
¨ Definitions of "harm" and
threat of harm"
¨ Emergency Protective Custody and ex
parte petitions
¨ Hearing requirements in removal
cases
¨ State registry of child abusers
¨ Agency duties to rehabilitate
families - Family Preservation Act
¨ Foster care placement
¨ Termination of parental rights
FINAL EXAMINATION