Rule 17.Failure to file answer

Rule 17 is where South Carolina's family courts part company with ordinary civil default practice, and the difference is large.

Notice even without an answer

In domestic relations matters, even though the defendant does not file an answer, notice of the time and date of the merits hearing shall be given to the defendant.

If the defendant is not represented by counsel, that notice is sufficient if mailed to the defendant at his last known address, by certified mail, return receipt requested.

And a right to be heard

This is the striking part. The defendant may be heard at the merits hearing on:

• custody of children
• visitation
• alimony
• support
• equitable distribution
• counsel fees

That is nearly everything a domestic case decides. A defendant who filed nothing at all still gets to appear and be heard on the merits of each of those subjects.

Why the ruleset is built this way

Rule 17 does not stand alone. Rule 2(a) disapplies Rule 55, SCRCP (default) and Rule 8(d), SCRCP to the extent it makes a failure to plead an admission, and preserves Rule 5(a) only so far as it requires notice of every hearing. Take those together and a family court default is not the civil-side event where failing to answer settles the outcome. The plaintiff still has to prove the case.

What is left of default

Subsection (b) keeps a remnant: the provisions of Rule 55, SCRCP regarding orders of default shall be made in the final order issued by the family court. So the default ruling is not a separate entry preceding the hearing — it is recorded in the final order, alongside the merits determination the court has just made.