The Supreme Court of South Carolina
Re: FAMILY COURT FORMS
ADMINISTRATIVE ORDER
In conjunction with the efforts of the CFS Project Team to develop the statewide Family Court Case Management System (FCCMS) and the Child Support Enforcement System (CSES), revisions and updates to the following family court forms, which are explained in the attached addendum, are necessary:
- SCCA 412A Arrest Warrant Affidavit
- SCCA 412 Arrest Warrant
- SCCA 413A Bench Warrant/Arrest Warrant Addendum
- SCCA 414 Order of Discharge
- SCCA 432 Support Order
- SCCA 433 Final Support Order
- SCCA 438 Affidavit and Order Inactivation of Support Account
- SCCA 442 Motion and Order to Dismiss/Modify Support
- SCCA 445 – Rule to Show Cause and Affidavit Contempt of Court by Payor
- SCCA 446 Support Information Sheet
In addition, SCCA 426E Motion and Order for Dismissal (Protection from Domestic Abuse Act), a new form, has been developed for statewide use.
Therefore, pursuant to the provisions of South Carolina Constitution Article V 4, IT IS ORDERED that the updates to ten (10) existing forms and the addition of one (1) new form with a revision date of (4/2010) are approved for use in the Family Courts of South Carolina. The forms are located at http://www.sccourts.org/forms.
IT IS SO ORDERED.
|
s/Jean Hoefer Toal
Jean Hoefer Toal, Chief Justice |
April
29, 2010
Columbia,
South Carolina
ADDENDUM TO ADMINISTRATIVE ORDER FOR FAMILY COURT FORMS
Additional updates to Existing SCCA Family Court Forms
SCCA
412A Arrest Warrant Affidavit
The
options in the Arrest Warrant Affidavit have been revised to include child
support, spousal support, court costs, and fines.
SCCA
412 Arrest Warrant
The
options in the Arrest Warrant have been revised to include child support,
spousal support, court costs, and fines. Also, a statutory reference is listed
on the warrant.
SCCA
413A Bench/Arrest Warrant Addendum
Page
2 of this form, which was a copy of the back of the warrant used in SCCA 412
Bench Warrant and SCCA 413 Arrest Warrant, has been removed.
SCCA
414 Order of Discharge
The
Order of Discharge has been revised by adding the following options:
- All amounts previously ordered by the court have been paid in full.
- Upon posting a cash bond with the Clerk of Court in the amount of $__________.
S(he) is also to appear in Family Court for _________________________ County
on ( / / ) at ___:___. This Order serves as Notice of Hearing. (A copy
of this Order shall be provided to the Defendant.)
- Other: __________________________________________________________.
SCCA
432 Support Order
The
previous title of this form "Interim Child Support Order" has been changed to
"Support Order". The current form allows spousal support to be ordered in addition
to child support. Personal identifying information is no longer requested on
this form as it may be submitted with the completion of SCCA 446 Support
Information Sheet, which should be submitted when SCCA 432 - Support Order is
filed with the Clerk of Court.
SCCA
433 Final Support Order
The
previous title of this form "Support Order (Final)" has been changed to "Final
Support Order". The current form resembles the format of the DSS Administration
Process Order, commonly used in Family Court.
SCCA
438 Affidavit and Order Inactivation of Support Account
SCCA
438 Affidavit Inactivation of Support Account and SCCA 439 Order
Inactivation of Support Account have been combined into one form. The new form
will retain the number SCCA 438. SCCA 439 is now obsolete.
SCCA
442 Motion and Order to Dismiss/Modify Support
In
addition to "Modify" being added to the title, this form now includes the
following options for the Obligee:
Obligee requests dismissal of ongoing support in the amount of $____________
per ______________. The Obligee understands that the ongoing support will no
longer accrue. However, the Obligee requests that the arrears in the amount of
$______________ be paid at the rate of $_____________ per ______________.
- Obligee requests dismissal of arrears in the amount of $________________. The
Obligee understands that the arrears will no longer be due. However, the Obligee
requests that the ongoing support in the amount of $______________ per
______________ continue until further order.
- Other: ____________________________________________________________.
SCCA
445 Rule to Show Cause and Affidavit Contempt of Court by Payor
"Affidavit"
was added to the title of this form.
SCCA
446 Support Information Sheet
On
page 1, "Medical Support" has been changed to "Other" so that litigants can
specify any other type of support or arrearage payment that is ordered. Also,
the following statement has been added to this form:
**NOTE
TO CLERK: FILE AND PROCESS THIS FORM EVEN IF SIGNATURE
OF PERSON PAYING SUPPORT
IS NOT PROVIDED.**
Since federal guidelines allow the non custodial parent to refuse to sign the designation statement, clerks staff should not return the form if the non custodial parents signature is not included. Also, clerks should not return the form to the litigant if one or more data elements on page 2 are incomplete.
New Form in Family Court
SCCA
426E Motion and Order for Dismissal (Protection from Domestic Abuse Act)
This
is a new form approved for general use in the family courts.