Domestic Relations – Civil Practice – Contempt – Undisclosed Debt

Listen to this article

The family court’s “Final Order” said, “The parties shall strictly comply with the terms of the [final settlement a]greement or risk the contempt powers of the court.” Accordingly, the plaintiff-Wife’s rule to show cause gave the family court leave to enforce the unambiguous payment and indemnification terms of the Final Order by ordering the defendant-Husband to pay Wife (1) $21,813.49 to indemnify her for the outstanding balance of a promissory note secured by the marital home that Husband had failed to disclose and (2) $9,590.55 in attorney’s fees and costs incurred in bringing her contempt action.

We reverse and remand to the family court to issue an order enforcing the Final Order and requiring Husband to promptly pay Wife $21,813.49 and pay Wife’s attorney’s fees and costs in the amount of $9,590.55.

Moore v. Smith (Lawyers Weekly No. 011-065-23, 8 pp.) (Jerry Vinson, J.) Appealed from Orangeburg County Family Court (Angela Abstance, J.) Amy Willbanks, Susan Rawls Strom, Michelle Matthews and Whitney Boykin Harrison for appellant; Darren Scott Smith, pro se. South Carolina Court of Appeals