South Carolina Appellate Decisions

May 13th, 2026

Court of Appeals holds magistrate courts have jurisdiction to hear spouses’ requests for restraining orders

On May 13, 2026, the South Carolina Court of Appeals, in the case of Major v. Major, held that the magistrate courts have jurisdiction to hear spouses’ requests for restraining orders. In Major, Wife sought a restraining order in magistrate court against Husband pursuant to section 16-3-1750 of the South Carolina Code (2015) (the Harassment and Stalking Statute) for […]

South Carolina Appellate Decisions

May 13th, 2026

South Carolina Supreme Court holds results of a penile plethysmograph (PPG) test are inadmissible as unreliable

In 2024, the South Carolina Court of Appeals, in the case of In the Matter of Shawn T. Daily, 443 S.C. 557, 905 S.E.2d 310 (Ct. App. 2024), held that the results of a penile plethysmograph (PPG) test are inadmissible as unreliable.  Blogging about Daily at the time, I noted that such tests were often used in family court, […]

South Carolina Appellate Decisions

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 […]

South Carolina Appellate Decisions

January 15th, 2026

Court of Appeals reverses award of alimony to underemployed wife of a frugal marriage

The January 14, 2025 Court of Appeals opinion in Scherba v. Scherba, reversed the family court’s award of permanent periodic alimony to Wife, finding her underemployment and the frugal lifestyle the parties had during the marriage meant she did not need alimony.  It also rejected Husband’s argument that his nonmarital restricted stock units (RSUs) should […]

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