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Financial Declarations in Family Court in South Carolina

Posted by J. Benjamin Stevens | Mar 02, 2014 | 0 Comments

Parties in Family Court in South Carolina are required to file a Financial Declaration in any case in which the financial condition of a party is relevant or is an issue to be considered by the Court. Of course, this means that this form must be filed in the overwhelming majority of cases heard, including divorce, separation, child custody, visitation, child support, alimony, asset/debt division, etc. This form provides the Court with information about each party's income, expenses, assets, and debts in a standardized, easy to read format.

Rule 20 of the Family Court Rules state that Financial Declarations (SCCA Form 430) are required to be filed and served prior to or at the first hearing, or no later than 45 days after the complaint is served, whichever occurs first. It is also important to note that your Financial Declaration must be current at each hearing, as it is not uncommon for one's circumstances to change during the pendency of an action. Willful noncompliance with this rule can subject the party (and/or his attorney) to reasonable sanctions from the Court.

Last Friday, our Supreme Court issued an Administrative Order that permits for a new Short Form Financial Declaration (SCCA Form 430S) to be used in child support enforcement cases only. This shorter form consists of only one page (as opposed to five pages) and includes only the most pertinent information that the Court would need in a child support enforcement case.

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J. Benjamin Stevens

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