In South Carolina, courts do not recognize legal separation, so a person cannot legally separate from their spouse. There is no cost for legal separation because the status is not recognized. A South Carolina family court may issue an order of separate maintenance and support. This is a temporary order that does not end the marriage.
Family Court Orders
A family court’s order of separate maintenance and support does not address divorce, but a family court order for separate maintenance and support may address issues of:
- Child custody.
- Visitation.
- Child support.
- Alimony, also known as spousal support.
- Maintaining marital assets.
- Payment of marital debts.
Order of Separate Maintenance and Support
The order of separate maintenance and support will remain in effect until the divorce case is finalized, following a hearing or trial.
Either spouse may file for an order of separate maintenance and support if they are living separately, or the plaintiff, the person filing, can prove their spouse is at fault. Spouses may form an agreement for an order of separate maintenance and support.
Agreements for Maintenance and Support
The family court judge will look over the separation agreement to ensure that it is fair to the parties, in the best interest of their minor children and keeps in line with state law.
There is no suggested format for an agreement or order in the South Carolina court packet for self-represented divorce litigants. A party can work with a family law attorney to craft an agreement that their spouse must review.
Procedure for Family Court Order
The South Carolina Bar sets out the procedure for filing for an order of separate maintenance and support as follows:
- Plaintiff spouse files a summons and complaint for an order of separate maintenance and support and a notice and motion for temporary relief in the family court in the couple’s county of residence.
- Defendant spouse or their divorce attorney is personally served with the summons and complaint and notice and motion.
- Defendant or their attorney has 30 days to file an answer to respond to the complaint and/or file a counterclaim for relief against the plaintiff. The answer and counterclaim informs the judge how the defendant would like the court to handle the matter.
- The case comes before a judge, who reviews and approves an agreement between the parties or decides the issues. The judge’s order controls the issues until the parties reach a final agreement or there is a divorce trial.
Getting a No-fault South Carolina Divorce
Under South Carolina law, a couple can file for a no-fault divorce after they live separately for one year. This means the spouses must live in two different locations. Living in separate bedrooms in the same house or apartment does not count.
It is not necessary for spouses to get an order of separate maintenance and support to live separately. The order can help the spouses resolve conflicts regarding finances, visitation and custody before divorce.
Child Support Payments
If the court has not issued an order for the noncustodial parent to pay child support, the custodial parent must request enforcement. A local family court will have the state department of social services child support enforcement application available in its office. The custodial parent can also contact a family law attorney to file for child support on their behalf.
If the court has ordered the noncustodial parent to pay support, and this parent is not paying, the family court has case workers available for the custodial parent to discuss their case in person.
Late or Missing Child Support Payments
The family court can accept payments for child support after the court files an order relating to child support. The noncustodial parent’s balance accrues effective on the beginning date of the order.
If the noncustodial parent makes late child support payments, the clerk of court of the local family court can issue a rule to show cause for failure to comply with the court order.
The noncustodial parent must appear before a family court judge to explain why they have not paid. They can request a reduction in the amount of support by filing a support reduction complaint packet or asking their attorney to do so on their behalf.
Verifying Payments at the Family Court's Office
The custodial parent can find out if a payment has been made by visiting the family court’s office at the payment window or contacting the court’s automated information line, which is available 24 hours a day.
The custodial parent cannot pick up a check for child support. All payments will be mailed to them. The custodial parent is mailed a payment the next business day after the payment is posted.
Wage Withholding for Support
A person who wants their former partner’s wages to be withheld must go to the family court’s office to complete a garnishment request. The family court will also accept phone calls from either the requesting person or their former partner or the employer with the necessary information.
Alternatively, the requesting person can send the employer’s information to the family court in writing. The requesting person should include a contact phone number for the court.
Most employers take between three and four weeks to start the process of wage withholding. The person whose wages are being withheld should check their paycheck stub to see if it has been garnished. If not, it is that person’s responsibility to make payments at the family court’s office until the requisite amount is deducted from their wages.
Changing Payments or Changing Jobs
If a person is ordered to make weekly payments, but their employer pays them monthly, the employer is informed to send payments as their employee is paid. They must mail the payment to family court within 10 days after it is withheld from the employee’s check.
When a person changes jobs, the family court does not send a new request to their current employer automatically. The person ordered to pay support must provide the family court with the new employer information by going to the family court’s office, mailing it to them or calling them.
If a person requesting wage garnishment gets late payments, they should not contact their former partner’s employer, but should call the family court and explain the issue. A staff member of the family court will contact the employer or research information for them.
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Writer Bio
Jessica Zimmer is a journalist and attorney based in northern California. She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law.