Is there an official South Carolina form for a Rule to Show Cause?

Yes, form SCCA 415 is the one-page rule a judge signs based on the attached affidavit. A related form, SCCA 434, is used only for the automatic clerk-issued support-arrears track under Rule 24. The court's form and rule control what is filed.

How must a South Carolina Rule to Show Cause be served on the other parent?

Personally, by the sheriff, a deputy, or any other adult at least 18 who is not a party or attorney in the case. Service, along with the supporting affidavit, must happen not later than 10 days before the hearing, unless the issuing judge sets a different period or shortens it for an emergency (SCRFC Rule 14(d)-(e)).

What defenses can stop a South Carolina contempt finding?

The moving party must first establish a prima facie case of willful contempt by showing the order exists and the responding party did not comply. Once that showing is made, the responding party may present a defense or proof of inability to comply, which the court treats as a critical issue at the hearing (SCRFC Rule 14(g)).

Why should a South Carolina parent not withhold child support because the other parent denied parenting time?

Because that is not a lawful way to respond. Withholding support due to denied parenting time, or denying parenting time due to unpaid support, can itself become the basis for a contempt finding against the parent who does it. Each issue must be enforced through the court instead.

Does South Carolina have a faster way to enforce unpaid child support than filing a Rule to Show Cause?

Often yes. If support is paid through the clerk of court, Rule 24 requires the clerk to automatically issue a Rule to Show Cause once the account falls into arrears, without a motion. The South Carolina Department of Social Services, Child Support Services Division, can also pursue income withholding and, after 45 days' notice, license revocation.

What is South Carolina's Rule 27 process for denied visitation?

Rule 27 lets a parent trigger a clerk-issued Rule to Show Cause for denied or unreturned visitation using a pro se affidavit, without a judge's signature to issue it, and guarantees a hearing within 30 days. The parent seeking enforcement is responsible for arranging and paying for service of the rule.

Can a South Carolina contempt hearing also change custody or the support amount?

Not the support amount. A Rule to Show Cause addresses whether the existing order was violated, and the issuing judge may strike any request for relief not normally part of a contempt proceeding, such as a request to modify child support, which must be brought by a separate Summons and Complaint. In a Rule 27 visitation proceeding, the court may, if asked, modify visitation terms going forward if that serves the child's best interests. This page does not cover changing custody.

What if there is domestic violence in a South Carolina contempt case?

A Rule to Show Cause under Rule 14 is meant to enforce an existing order, not to address a current safety risk. If domestic violence or a safety risk is involved, use South Carolina's protective order process rather than confronting the other party directly.

South Carolina Motion for Contempt

Q: What is South Carolina's version of a motion for contempt?

South Carolina calls it a Rule to Show Cause, governed by SCRFC Rule 14. A judge signs the rule, typically on Judicial Branch form SCCA 415, based on a supporting affidavit or verified petition that the moving party or an attorney drafts; Rule 14(c) requires only an affidavit or verified petition, not a standardized numbered form.

Q: Can a South Carolina family court order jail time for contempt?

It can, but only after a hearing where the court finds willful contempt, and jail is never automatic. Under S.C. Code Ann. section 63-3-620, the court may impose, in any combination, up to 1 year in a local detention facility, a fine of up to $1,500, and up to 300 hours of public works per finding, and it may set a purge amount or condition that lets the contemnor avoid or end incarceration or a fine.

Once the responding party is personally served at least 10 days before the hearing, unless the judge sets another period, the Family Court requires the filer to prove a prima facie case of willful contempt before any purge condition, jail, fine, or public-works sentence can follow.

Find out where you stand in South Carolina

What court order is not being followed?

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Introduction

South Carolina does not use the term 'motion for contempt.' To enforce a family court order for support, custody, visitation, or a property term, a parent or spouse asks the Family Court to issue a Rule to Show Cause (RTSC) under South Carolina Rules of Family Court (SCRFC) Rule 14. The RTSC itself is typically issued on Judicial Branch form SCCA 415, Rule to Show Cause (Failure to Obey Court Order), which the judge signs based on a supporting affidavit or verified petition; Rule 14(c) requires only an affidavit or verified petition, not a standardized numbered form, so the moving party or an attorney drafts it, and the court's form and rule control what is filed. The affidavit must identify the order allegedly violated, the specific acts or omissions that constitute contempt, and the specific relief requested, with the violated order attached; an affidavit or verified petition is mandatory unless the judge issues the rule on the judge's own initiative. Once signed, the RTSC and affidavit must be personally delivered to the responding party by the sheriff, a deputy, or any other adult at least 18 who is not a party or attorney in the case, not later than 10 days before the hearing date, unless the issuing judge sets a different period or shortens it for an emergency. At the hearing, the moving party must first establish a prima facie case of willful contempt by showing the order exists and the responding party did not comply; the burden then shifts to the responding party to show a defense or an inability to comply, an issue the court treats as critical. A contempt finding and any jail time are never automatic; the court decides only after the hearing. If the court finds contempt, it may impose, in any combination, up to 1 year in a local detention facility, a fine of up to $1,500, and up to 300 hours of public works per finding, and the court may set a purge amount or condition, such as paying costs or arrears, that lets the contemnor avoid or end incarceration or a fine. Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid; either can itself be treated as contempt. This page does not cover changing the amount of support or custody; a request to modify support must be brought separately. In a Rule 27 visitation proceeding, the court may, if asked, modify the visitation terms going forward if that serves the child's best interests. If domestic violence or a safety risk is involved, use South Carolina's protective order process rather than confronting the other party directly. For unpaid child support, the South Carolina Department of Social Services, Child Support Services Division, is an alternative route: income withholding can apply immediately under qualifying orders, and a parent who is out of compliance with a support order must have a license revoked unless, within 45 days of notice, the parent pays the arrearage or signs a consent agreement with the division. If the support is paid through the clerk of court, Rule 24 requires the clerk to issue a Rule to Show Cause automatically once the account falls into arrears, with no motion or judge action needed to trigger it. A parent enforcing denied visitation may instead use Rule 27, which lets the clerk issue a Rule to Show Cause on a pro se affidavit, with a hearing required within 30 days. Attorney review is available before filing.

Key Things to Know

1
South Carolina calls this a Rule to Show Cause (RTSC) under SCRFC Rule 14, not a motion for contempt. It is typically issued on Judicial Branch form SCCA 415, based on a supporting affidavit or verified petition that the moving party or an attorney drafts; the court's form and rule control what is filed.
2
The signed Rule to Show Cause and affidavit must be personally delivered to the responding party by the sheriff, a deputy, or any other adult at least 18 who is not a party or attorney, not later than 10 days before the hearing, unless the issuing judge sets a different period or shortens it for an emergency (SCRFC Rule 14(d)-(e)).
3
The affidavit or verified petition must identify the order allegedly violated, the specific acts or omissions that constitute contempt, and the relief requested, with the violated order attached; a rule to show cause not supported by an affidavit or verified petition is a fatal defect (SCRFC Rule 14(c)).
4
The moving party must first make a prima facie case of willful contempt by showing the order exists and the responding party did not comply. The burden then shifts to the responding party, who may present a defense or proof of inability to comply, an issue the court treats as critical (SCRFC Rule 14(g)).
5
If the court finds contempt, it may impose, in any combination, up to 1 year in a local detention facility, a fine of up to $1,500, and up to 300 hours of public works per finding (S.C. Code Ann. section 63-3-620). The court may also set a purge amount or condition, such as paying costs or arrears, that lets the contemnor avoid or end incarceration or a fine.
6
Do not withhold court-ordered support because parenting time was denied, and do not deny parenting time because support is unpaid; either can itself be treated as contempt.
7
For support paid through the clerk of court, Rule 24 requires the clerk to issue a Rule to Show Cause automatically once the account is in arrears, without a motion. For denied visitation, Rule 27 lets the clerk issue a Rule to Show Cause on a pro se affidavit, with a hearing required within 30 days. Under Rule 27, the court may, if asked, also modify visitation terms going forward if that serves the child's best interests. This page does not cover changing support or custody.

Key decisions before you file

Before you file a Motion for Contempt in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Motion for Contempt guide walks through them.

Open the Motion for Contempt guide

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STATE OF SOUTH CAROLINA COUNTY OF [COUNTY]

IN THE FAMILY COURT FOR THE [JUDICIAL CIRCUIT] JUDICIAL CIRCUIT

[PETITIONER NAME], Movant, vs. [RESPONDENT NAME], Respondent.

Docket No. [DOCKET NUMBER]

AFFIDAVIT IN SUPPORT OF RULE TO SHOW CAUSE

This affidavit is prepared for attachment to Judicial Branch form SCCA 415, Rule to Show Cause (Failure to Obey Court Order), for the judge's signature under SCRFC Rule 14. The court's form and rule control what is filed.

PERSONALLY APPEARED before me [AFFIANT NAME], who, being duly sworn, states:

ORDER VIOLATED. On [DATE THE ORDER WAS SIGNED], this Court entered an order in this action requiring Respondent to [DESCRIPTION OF THE ORDER PROVISION, INCLUDING THE AMOUNT OR ACT REQUIRED]. A copy of the order is attached to this affidavit.
KNOWLEDGE AND ABILITY. Respondent had knowledge of this order and the ability to comply with it.
VIOLATIONS. a. On [DATE OF FIRST VIOLATION], Respondent failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED]. b. On [DATE OF SECOND VIOLATION], Respondent failed to [DESCRIPTION OF THE ACT OR OMISSION], resulting in [AMOUNT OWED OR TIME MISSED]. c. [ADDITIONAL VIOLATION DATES, DESCRIPTIONS, AND AMOUNTS]
TOTAL OWED. As of the date of this affidavit, the total arrearage or amount owed is [DOLLAR AMOUNT].
NO JUSTIFICATION. Respondent's noncompliance described above was without justification or excuse.
PRIOR PROCEEDINGS. Affiant [HAS OR HAS NOT] previously sought a rule to show cause against Respondent for these or related violations. [RESULT OF ANY PRIOR PROCEEDING, OR STATE NONE].
RELIEF REQUESTED. Affiant asks the Court to issue a Rule to Show Cause directing Respondent to appear and show cause why Respondent should not be held in contempt of court; to find Respondent in contempt for each violation above once Affiant establishes a prima facie case; to order Respondent to pay the amount owed; to set a purge condition allowing Respondent to avoid or end any incarceration or fine.

FURTHER AFFIANT SAYETH NOT.

[SIGNATURE OF AFFIANT] [PRINTED NAME OF AFFIANT] [ADDRESS] [CITY, SOUTH CAROLINA ZIP] [PHONE]

Sworn to before me this [DAY] day of [MONTH], [YEAR].

[NOTARY SIGNATURE] Notary Public for South Carolina My Commission Expires: [DATE]

RULE TO SHOW CAUSE

[The issuing judge completes and signs Judicial Branch form SCCA 415, Rule to Show Cause (Failure to Obey Court Order), and sets the hearing date and time. Attach this affidavit and the violated order to that form.]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE], a copy of this Rule to Show Cause and the supporting affidavit was personally delivered to Respondent by [NAME OF SHERIFF, DEPUTY, OR OTHER PROCESS SERVER], an adult at least 18 who is not a party or attorney in this action, not later than 10 days before the hearing date, or within any different notice period fixed by the issuing judge in the Rule to Show Cause, as required by SCRFC Rule 14(d)-(e).

[OR: Respondent accepted service in writing under SCRFC Rule 14(e)(2); the written acceptance is attached.]

[SIGNATURE] [NAME]

South Carolina Requirements for Motion for Contempt

Rule to Show Cause Under SCRFC Rule 14
South Carolina enforces a family court order through a Rule to Show Cause, not a motion for contempt, governed by SCRFC Rule 14 and typically issued on Judicial Branch form SCCA 415, which the judge signs based on a supporting affidavit or verified petition.
Affidavit or Verified Petition Required
No rule to show cause may issue unless supported by an affidavit or verified petition identifying the order violated, the specific acts or omissions constituting contempt, and the relief sought, or unless the judge issues it on the judge's own initiative; a rule not so supported is a fatal defect (SCRFC Rule 14(c)).
Personal Service by Sheriff, Deputy, or Nonparty Adult
The rule to show cause and supporting affidavit must be personally delivered to the responding party by the sheriff, a deputy, or any other adult at least 18 who is not a party or attorney in the action, not later than 10 days before the hearing, unless the issuing judge sets a different period or shortens it for an emergency (SCRFC Rule 14(d)-(e)).
Prima Facie Case With Burden Shift to Respondent
At the hearing, the moving party must first establish a prima facie case of willful contempt by showing the order exists and the responding party did not comply. The burden then shifts to the responding party to present a defense or proof of inability to comply (SCRFC Rule 14(g)).
Combined Jail, Fine, and Public-Works Cap Per Finding
A finding of contempt may be punished, in any combination, by up to 1 year in a local detention facility, a fine of up to $1,500, and up to 300 hours of public works, at the court's discretion (S.C. Code Ann. section 63-3-620).
Purge Condition Set by the Court
The court may set a purge amount or condition, such as payment of court costs or arrears, that lets a contemnor avoid or end incarceration or a fine; the relief requested in the affidavit may ask the court to set this purge condition.
Rule 24 Automatic Clerk-Issued Rule for Support Arrears
For support accounts paid through the clerk of court, SCRFC Rule 24 requires the clerk to automatically issue a rule to show cause once the account is in arrears, with the same force and effect as a rule issued by a judge, without a motion or judge action to trigger it.
Rule 27 Clerk-Issued Rule for Denied Visitation
For denied or unreturned visitation, SCRFC Rule 27 lets the clerk of court issue a rule to show cause based on a pro se affidavit, without a judge's signature to issue it, and requires a hearing within 30 days of filing; the petitioning parent is responsible for arranging and paying for service.

Find out where you stand in South Carolina

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion for Contempt Template with DocDraft

South Carolina Requirements for Motion for Contempt

Rule to Show Cause Under SCRFC Rule 14

Affidavit or Verified Petition Required

Personal Service by Sheriff, Deputy, or Nonparty Adult

Prima Facie Case With Burden Shift to Respondent

Combined Jail, Fine, and Public-Works Cap Per Finding

Purge Condition Set by the Court

Rule 24 Automatic Clerk-Issued Rule for Support Arrears

Rule 27 Clerk-Issued Rule for Denied Visitation

Frequently Asked Questions