You finally get a temporary order for child support, or a Final Order, which orders your home to be sold, and the other party won’t comply. What do you do now? I get asked this question at least once a month.
In the Family Court of South Carolina, any Court order, including an Order for temporary relief, whether it involves child support, alimony, custody, visitation, or the allocation of marital property, carries the full force of the law. But, obtaining the Order is only part of the process, and a Family Court Order is not necessarily self-enforcing. If one party willfully fails to comply with an Order, the other party has to take legal steps to enforce the Order through the contempt powers of the Court. Here, our Mount Pleasant divorce attorney explains how judgment gets enforced in South Carolina.
Understanding the Weight of a Family Court Order in South Carolina
When a Judge in the Family Court of South Carolina signs and files an Order, it becomes a binding legal obligation on both parties. That fact is not in dispute, but what does that even mean? This question is best answered through an example: the parties entered into an agreement which the Court adopts as an Order of the Court wherein one party must pay child support in the amount of $1,000.00 per month on the 1st day of the month. Can Party A pay $500.00 on the 5th and 19th? The answer is no, and the failure of one party to comply with a Court Order can lead to serious consequences both civil and criminal. The terms of an Order, once filed, must be fully complied with. Meaning the amount of child support to be paid monthly or the date the child support is to be paid is not optional, and the Order can be enforced in Family Court through the contempt powers of the Court. The same is true for all terms contained within Family Court Orders, including the award of alimony, property division, parenting time, or other ancillary matters such as the enforcement of a restraint concerning the inability of a parent to expose the children to the significant other, as applicable. Accordingly, pursuant to S.C. Code Ann. Section 63-3-620, the Court can sanction non-compliant individuals and if a Family Court Judge finds that a non-compliant party has failed to comply with the terms of its’ Order, and the non-compliant party actions were willful, he or she can be sanctioned require them to pay a fine of up to $1,500, perform up to 300 hours of public works (community service), or imprisonment in a local detention facility for up to one year. But, how do you get before a South Carolina Family Court Judge and enforce an Order? South Carolina Rules of Family Court Rule 14 (a) (hereinafter SCRCP) states that any contempt of Court proceedings shall only be initiated by a Rule to Show Cause issued and served upon the non-compliant party pursuant to the provisions contained therein.
Filing a Verified Petition Seeking a Rule to Show Cause to Issue
An Order filed in the Family Court of South Carolina is binding on the parties to the action, but an Order is not necessarily self-enforcing. A Family Court Order filed in South Carolina is enforced by the filing of a verified petition in Family Court setting for the terms of the Order, which requires compliance, and detailing the non-compliant party’s actions, including dates and times of non-compliance, and the type of relief sought. SCRCP Rule 14(c) outlines the procedural requirements to be followed in seeking the issuance of a Rule to Show Cause. Note, the type of relief sought by the moving party is dependent on whether the specified specific allegations on non-compliance are required to be pled in the verified petition of the moving party, because the contempt process in Family Court is quasi-criminal in nature, meaning a non-compliant party, can be fined or sentenced to incarceration for the failure to comply with the terms of an Order in a civil matter, thus the non-compliant party must be placed on notice of the specific allegations to ensure he or she is afforded due process of the Court prior to the possible sentencing to incarceration. As an aside, the specific Order sought to be enforced by the moving party must also be attached to the verified petition; failure to attach the relevant order to be enforced by the Court is a fatal procedural error, which may be raised by the Court on its’ own accord, or the non-compliant party.
Enforcing Family Court Orders Through a Rule to Show Cause
Once a verified petition is property filed with the Clerk of Court, in accordance with the Rules, a Family Court Judge will issue a Rule to Show Cause against the non-compliant party compelling him or her to appear before a Judge of the Family Court of South Carolina, at a specified location, on a specified date at a specified time, and testify before the Court why he or she should not be held in contempt of Court for their failure to comply with the terms of the Order, e.g., why Party A did not pay child support of $1,000.00 April 1, 2025. SCRCP Rule 14(d) requires that the verified petition or supporting affidavit, and the Rule to Show Cause shall be served upon the non-compliant party not less than ten days prior to the hearing date, unless deemed an emergency and the notice required is shortened by the Judge issuing the Rule to Show Cause. Proof of service or an acceptance of service shall be filed with the Clerk of Court to prove proper service and notice of the Rule to Show Cause hearing. To be clear, the burden of proof at the Rule to Show Cause hearing is on the moving party to testify to the terms of the specific Order is seeking the Court to enforce, and the specific instances/acts of non-compliance, but once the moving party’s testimony is concluded, the non-compliant party must testify in his or her defense. If, after an evidentiary hearing, a Judge determines that the non-compliant party has not complied with a clear and unambiguous term (whether intentionally or unintentionally), the Judge will next determine that the party’s non-compliance was willful. A non-compliant act contrary to the terms of an Order determined not to be willful does not suffice to be subject to sanctions of the Court. On the contrary, a party determined to have willfully violated the terms of a Court Order is subject to the contempt powers of the Court. Under the contempt powers of the Court, as outlined in S.C. Code Ann. Section 63-3-620, the Court can sanction non-compliant individuals and require them to pay a fine of up to $1,500, perform up to 300 hours of public works (community service), or imprisonment in a local detention facility for up to one year.
Wage Withholding and Other Collection Methods
For financial obligations like child support or alimony, South Carolina law allows several direct enforcement mechanisms, including:
- Income Withholding: Child support and alimony payments can be automatically deducted from the paying party’s paycheck.
- Tax Refund Intercepts: The state can seize federal and state tax refunds in order to satisfy past-due support.
- Lien/Levy: In some cases, the court may authorize the placement of a lien on property or the garnishment of a bank account.
These methods often involve working with the South Carolina Department of Social Services (DSS) or a family court clerk, especially for Title IV-D cases involving child support.
- Note: In a child custody case or a child visitation case, a South Carolina court may take non-financial enforcement action as appropriate, given the specific situation.
Contact Our Charleston, SC Divorce Attorney Today
At The Peck Law Firm, our Mount Pleasant divorce lawyer takes on family judgment enforcement cases. If you have any questions about how a judgment gets enforced, please do not hesitate to contact us today for a confidential consultation. With an office in Mount Pleasant, we provide family and divorce representation throughout the region.