J. Benjamin Stevens - Family Law Attorney - AAML, IAFL, NBTA

10/10/2026

Recap: This week on the South Carolina Family Law Blog

Six practical reads from the week:

• Paying the bills mid-divorce: what the Family Court can order one spouse to pay while the case is pending, and why you have to ask for it
https://www.scfamilylaw.com/who-pays-the-bills-while-a-south-carolina-divorce-is-pending

• Retiring and alimony: retirement is grounds for a hearing, not an automatic end, plus the factors a judge weighs and the settlement language that can settle the question in advance
https://www.scfamilylaw.com/i-m-retiring-does-my-south-carolina-alimony-end

• A new partner and custody: no South Carolina statute says living with a partner costs you custody, and the ninety-day rule people hear about is an alimony rule
https://www.scfamilylaw.com/blog/2020/07/10/can-you-lose-custody-because-you-live-with-your-boyfriend.html

• Holiday parenting time: South Carolina has no default holiday schedule, so your order is the schedule, and October is the month to read it
https://www.scfamilylaw.com/holiday-parenting-time-in-south-carolina-read-your-order-now

• Sharpening the edge: our attorneys at the AAML Institute for Family Law Associates in Chicago and the SCBLA Annual Conference in Mt. Pleasant, and why that training matters to clients
https://www.scfamilylaw.com/sharpening-the-edge-our-attorneys-at-the-aaml-institute-and-scbla-conference

• Unpaid child support: wage withholding, contempt, and DSS license enforcement can get payments moving again, and holding back visits can backfire
https://www.scfamilylaw.com/blog/2022/06/21/south-carolina-child-support-what-to-do-if-your-ex-stops-paying.html

Read and share the full posts at https://www.scfamilylaw.com/blog

10/04/2026

This is one of the most common post-divorce surprises I see with retirement accounts.

A family court order may divide marital property between spouses. For many employer plans, that still is not what the plan needs in order to pay a former spouse. The IRS describes a QDRO as a judgment, decree, or order for a retirement plan to pay child support, alimony, or marital property rights to a spouse, former spouse, child, or other dependent.

A QDRO has to include specific information, including names and addresses and the amount or percentage to be paid. It also may not award a benefit the plan does not offer. The practical takeaway: treat the QDRO as part of finishing the case, not as paperwork for later.

Information about receiving Qualified Domestic Relations Order (QDRO) benefits from a retirement plan.

10/04/2026

People are often surprised that South Carolina still lists fault grounds for divorce.

Under § 20-3-10, a divorce may be granted for adultery, desertion for one year, physical cruelty, or habitual drunkenness (including from narcotic drugs). There is also a no-fault path: either party may seek a divorce after living separate and apart without cohabitation for one year.

The grounds are short. The proof, timing, and strategy around them usually are not. Which path fits a case depends on the facts, not on which phrase sounds easier.

10/04/2026

Parents often ask whether South Carolina has a rigid relocation test. A January 2026 Court of Appeals summary, covered by SC Lawyers Weekly, is a useful reminder.

The court explained that the Latimer relocation factors are instructive, but family court is not required to march through them as a checklist. The record still has to show what serves the children’s best interest, including schooling, family support, and the practical parenting plan after a move.

If a move is on the table, build the evidence around the kids, not the checklist alone.

As Father was more invested in the education and religious engagement of the children, while Mother drifted from her parental responsibilities, the Family Court

10/04/2026

Most custody work is about schedules and decision-making. Some cases also involve a real risk that a parent will wrongfully remove or retain a child.

South Carolina enacted the Uniform Child Abduction Prevention Act as Act No. 195, signed May 21, 2024 (effective that date). The statute lets a court, on its own motion or on petition, order abduction-prevention measures when the evidence establishes a credible risk. Remedies can include travel restrictions, passport-related conditions, supervised visitation, bonds, and, for imminent risk, a warrant to take physical custody.

This sits alongside (not instead of) UCCJEA and Hague tools. The point is earlier prevention when the risk factors are already in the record.

General Bill Sponsors: Reps. W. Newton, Carter, Mitchell, Haddon, Pope, Chumley and Caskey Document Path: LC-0011VR23.docx

10/03/2026

When South Carolina family court decides custody, the statute points the judge to the child’s best interest, not a parent’s preferred label.

S.C. Code § 63-15-240(B) sets out 17 factors the court must consider. They include the child’s temperament and needs, each parent’s capacity to meet those needs, sibling and other important relationships, stability of home and school, domestic violence and abuse history, and whether a parent has relocated more than 100 miles in the past year (unless for safety).

No one factor is the whole case. The record has to speak to the child in front of the court.

10/03/2026

South Carolina does not treat temporary custody as a blank slate.

Under S.C. Code § 63-15-220, when custody is contested at a temporary hearing, each parent must prepare, file, and submit a parenting plan that reflects preferences on parenting time and major decisions (education, medical care, activities, religious training). Parents may file a joint plan instead.

The statute says the court issues temporary and final custody orders only after considering those plans. Coming prepared with a realistic schedule usually beats arguing from generalities.

10/02/2026

Texts and emails often carry more weight in SC family court than reconstructed testimony.

Preserve the record. Don’t delete. Don’t log into accounts that aren’t yours.

Texts, emails, and social media are often the strongest evidence in a South Carolina divorce or custody case — and the fastest way to damage your own. What helps, what hurts, and what is illegal.

12/23/2025

Happy Holidays from All of Us at The Stevens Law Group, LLC!

As 2025 comes to a close, we want to say a heartfelt thank you to our clients, former clients, colleagues, team members, and our community. Your trust and support have meant so much to us this year.

🎄 To give our team time with their families, our holiday office hours are as follows:

Wednesday, Dec. 24: Closing at 3:30 PM

Thursday & Friday, Dec. 25–26: Closed

Wednesday - Friday, Dec. 31, 2025 - Jan. 2, 2026: Closed

We’ll return to normal business hours on Monday, January 5, 2026, at 8:30 a.m.

Wishing you and your loved ones a joyful, peaceful holiday season and a happy New Year!

– The SLG Team