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Contempt/Enforcement of Orders

Contempt/Enforcement of Orders

April 9th, 2026

Absent actual danger, do not seek temporary relief to modify visitation or custody with the initial complaint

Most clients seeking to modify a prior visitation or custody final order want that order modified immediately. Most attorneys still reflexively file motions for temporary relief to modify custody or visitation along with the initial complaint.  The 2025 rule changes regarding the procedure for motions for temporary relief, made it harder to win such motions by […]
Contempt/Enforcement of Orders

March 31st, 2026

Court of Appeals finds agreement to pay agreement to pay half of college expenses was not ambiguous

The March 18, 2026, Court of Appeals opinion in Fennell v. Fennell, affirmed a family court order finding Father in contempt for not paying one-half of daughter’s college tuition and expenses and requiring him to pay Mother’s attorney’s fees. As part of the parties’ divorce and marital settlement agreement, “[b]oth parties agree[d] to contribute equally to […]
Contempt/Enforcement of Orders

August 24th, 2023

Court of Appeals reverses family court and grants Wife relief from her contempt petition despite not finding Husband in contempt

In the August 23, 2023 opinion in Moore v. Smith, 441 S.C. 261, 892 S.E.2d 552 (Ct.App. 2023), the Court of Appeals reversed the family court’s refusal to require Husband to hold Wife harmless on a note encumbering the marital home despite affirming the family court’s finding that Husband was not in contempt on that […]

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