Enforcing Court-Ordered College Expense Obligations in South Carolina
In South Carolina, a court-approved settlement agreement or divorce decree is an enforceable contract. As affirmed by the SC Court of Appeals in Fennell v. Fennell (March 2026), a parent's promise to contribute to college tuition and expenses is strictly binding. If a parent willfully fails to pay their share, the family court can hold them in contempt. Under the doctrine of compensatory contempt, the court can order reimbursement, set purge conditions that include jail time, and shift your attorney's fees to the non-complying parent to make you whole.
To win a contempt action, you must present a clear, documented paper trail. Under SC law, non-payment is considered willful if the other parent knew about the order and had the ability to pay, but chose not to. Unilateral non-payment is not a valid defense; they must have actively filed for a modification or written amendment. Use this structured, printable checklist to gather the documents and evidence needed to build a strong case.
1. Proof of College Expenses & Payments
2. Proof of Written Notice & Demands
3. Proof of Financial Capacity & Willfulness
4. Proof of Attorney's Fees & Litigation Costs
