South Carolina Specific

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 […]

South Carolina Specific

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 Specific

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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