In a recent case, the S.C. Supreme Court reminded us of two important issues:
- In order to enforce a provision of an agreement, the terms of the parties’ agreement must be properly entered onto the record. Rule 43(k) of the S.C. Rules of Civil Procedure states that no agreement between counsel affecting the proceedings in an action shall be binding unless reduced to the form of a consent order or written stipulation signed by counsel and entered in the record, or unless made in open court and noted upon the record.
- Family Court is a court of equity as well as a court of law. In this case, the Court found that one party was not entitled to an equitable set-off for overpayment of child support because he had committed misdeeds in dealing with his wife and with the court, which rendered him undeserving of equitable treatment.