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Should You Consider a Collaborative Divorce?
A collaborative divorce—or the legal process in which a couple enters a formal agreement to work together, out of court, to settle the terms of a divorce—can be an excellent choice for spouses who are on good enough terms with one another to be able to hash out a compromise. This process usually involves a…
The Weekly Scenario: Setting Up Special Needs Trusts
Planning for beneficiaries with special needs can be a challenge. While navigating the requirements for both IRA beneficiaries and trusts has never been without pitfalls, the more recent requirements of the SECURE Act have added even more wrinkles. The goal of the Special Needs Trust is to protect the funds for a person with special…
Deadline Modified: Federal Reporting Data on Employees
Running a business involves a lot of paperwork. While not always the most glamorous, keeping on top of deadlines is essential from a legal standpoint. Last year, employers were given a “reprieve” from EEO-1 data reporting requirements mandated by the Equal Employment Opportunity Commission (EEOC) due to COVID-19. The EEO-1 form seeks to provide a…
Can Fathers Win Child Custody Cases in South Carolina?
Not so many years ago, it was almost a foregone conclusion in child custody cases in South Carolina that whenever custody was contested, mothers would win unless they were proven to be unfit. Is that still the case, or can fathers win child custody cases in South Carolina today? These days, fathers stand on equal…
Visitation Rights of Grandparents in North Carolina
The breakup of a family with children gives rise to the question of custody and visitation. In the vast majority of cases, Mom and Dad are the interested parties who are pursuing custodial or visitation rights. But what about the grandparents? What if the grandparents are being denied contact with their grandchildren by the custodial…
OK at Work: Increasing Employment Litigation
Join Sarah Sawyer and Russell Berger on this week’s episode of OK at Work where they discuss the increase they have seen in employment litigation over the last few months. Particularly now that many states have lifted COVID-19 states of emergency and more workers return to the workplace, employers should be taking steps to mitigate…
Are Retirement Accounts Marital Assets in South Carolina?
When a couple goes through a separation or divorce, often one of the largest categories of assets they have are retirement and other employment benefits. Pensions, 401(k)s, IRAs, and other retirement plans can be worth a substantial amount of money, and they are also often crucial to securing your financial future. As a result, it’s…
The Weekly Scenario: Health Care Directives
A common mistake is to assume that estate planning is solely about ‘death’ planning and writing wills (and trusts) to make sure that your property is distributed according to your wishes after your death. Planning for incapacity or disability planning is often overlooked, but it can be essential because it addresses what happens if…
Separate Pay for Restaurant “Side Work?” Maybe.
Anyone who has ever worked in the restaurant industry is familiar with the term “side work.” For most servers, side work, typically consisting of folding napkins, setting tables, restocking, and other maintenance tasks, often make up a significant portion of their work hours. This is especially true when the restaurant is slow and there isn’t…