S.C. R. Fam. Ct. 24

As amended through November 6, 2024

Rule 24 - AUTOMATIC ENFORCEMENT OF CHILD SUPPORT AND PERIODIC ALIMONY [See Administrative Order 2012-07-19-01 ]

(a) Determination of Arrearage. Clerks of court shall review all child support and periodic alimony accounts paid through the clerk of court. This review shall be conducted at least once a month. An account shall be considered in arrears if a scheduled payment has not been received when review is made and at least five working days have passed.

(b) Rule to Show Cause and Affidavit. Whenever an account is in arrears, the clerk of court shall issue a rule to show cause and an affidavit identifying the order of the court which requires such payments to be made and the amount of the arrearage, directing the party in arrears to appear in court at a specific time and date. This rule shall have the same force and effect as a rule to show cause issued by a judge.

S.C. R. Fam. Ct. 24

2012-07-19-01

The Supreme Court of South Carolina

Re: Suspension of Rule 24, South Carolina Rules of Family Court for Title IV-D Cases --------------------------------------------------------------------------------

ADMINISTRATIVE ORDER

I find that the Federal Office of Child Support Enforcement has issued directives in the form of an Action Transmittal dated June 18, 2012, to all state agencies administering child support enforcement plans under Title IV-D of the Social Security Act. This Action Transmittal provides further policy interpretation of the June 20, 2011 U.S. Supreme Court Decision in Turner v. Rogers. Based on this policy directive, the South Carolina Department of Social Services Office of Child Support Enforcement (DSS) will not request the issuance of Rules to Show Cause or bench warrants until further notice. Further, DSS has informed the County Clerks of Court that DSS cannot participate in any currently scheduled DSS IV-D Rules to Show Cause or future bench warrants until further notice.

Therefore, pursuant to the provisions of S.C. Const. Art. V Section 4,

IT IS ORDERED that Rule 24, South Carolina Rules of Family Court, is temporarily suspended until further notice as it relates to the review and enforcement of Title IV-D child support payments paid through the clerk of court. This order does not affect the enforcement of non-Title IV-D child support cases.

This order is effective immediately and shall remain in effect until further order of this Court.

IT IS SO ORDERED.

s/Jean H. Toal

Jean H. Toal

Chief Justice of South Carolina

Columbia, South Carolina

July 19, 2012