Home/Practice areas/Enforcement of Family Court Orders
This is a separate page of general information about South Carolina family law. It is not legal advice. Opening this page does not create an attorney-client relationship.
What may be enforced
Final orders, temporary orders, and approved agreements that have been entered as orders of the court may all be enforced. Common subjects include unpaid child support or alimony, denial of court-ordered parenting time, failure to maintain insurance, failure to refinance or transfer property, and failure to pay a debt assigned by the court.
The rule to show cause
Enforcement is often begun by a rule to show cause. The moving party asks the court to require the other party to appear and show why that party should not be held in contempt. When child support is paid through the Clerk of Court and falls into arrears, the clerk may issue the rule automatically.
At the hearing, the court considers whether the order was clear, whether the alleged violation occurred, and whether any failure to comply was willful. A person who is found in contempt may be subject to remedies the law allows, which can include a fine, imprisonment, make-up parenting time, a payment plan, wage withholding, or other measures designed to obtain compliance. The South Carolina Bar’s public materials note that contempt for failure to pay support may include a sentence of up to one year in jail, a fine of up to $1,500, or both, subject to the current statute and the facts of the case.
Inability to pay and other defenses
A person who has not complied may present evidence that the failure was not willful—for example, a documented inability to pay. Inability to pay is a matter of proof. It is not established by a website description, and it is not a reason to ignore a hearing notice.
A parent who needs a change in the underlying obligation should file a proper request to modify the order. Enforcement and modification are related but separate. Paying something toward an obligation, keeping records, and appearing as required are ordinary steps while a case is pending.
Out-of-state orders
Orders from other states may be registered and enforced in South Carolina under the applicable interstate statutes, including the Uniform Interstate Family Support Act for support and the Uniform Child Custody Jurisdiction and Enforcement Act for custody. Whether this office can assist in a particular interstate matter depends on the order, the parties’ residences, and a conflict check.