The Supreme Court of South Carolina
|JEAN HOEFER TOAL
|1231 GERVAIS STREET
COLUMBIA, SOUTH CAROLINA 29201
TELEPHONE: (803) 734-1584
FAX: (803) 734-1167
|TO:||Circuit Court Judges
Family Court Judges
Clerks of Court
Members of the Bar
|FROM:||The Honorable Jean H. Toal
|RE:||Motion Fee -- Update to Memorandum Issued January 15, 2003
|DATE:||December 22, 2010|
On January 15, 2003, I issued a memorandum concerning motion fees pursuant to S.C. Code Ann §8-21-320 (Supp. 2009) which requires the collection of a $25 fee for every motion made in the Court of Common Pleas and Family Court. The memorandum also included a motion fee list to serve as a guide to promote uniformity in the application of the $25.00 fee. The motion fee does not apply to family court juvenile delinquency proceedings, or to family court matters involving rules to show cause in child and spousal support matters.
Due to some confusion regarding the application of the motion fee to consent orders and pleadings seeking a modification in child support, Sections A.3 and A.23 in the attached list have been updated to clarify that the $25 motion fee applies to consent orders or pleadings to reduce or increase child support in pending actions before the court. These updates are effective January 4, 2011 and shall not be applied retroactively. We will continue to monitor the application of the motion fee and will inform you of any additions or changes to this list.