Brasington v. Shannon

Ness, Chief Justice:

Appellant Shannon appeals from two orders of the family court which held him in contempt of court for failure to pay child support. We reverse.

Pursuant to Family Court Rule 53, the clerk of court issued a rule to show cause requiring Shannon to appear to show cause why he should not be held in contempt. Shannon appeared with his attorney, and the trial judge advised the burden of proof was on Shannon. This was error.

In an action for contempt, the burden of proof is on the moving party. See, e.g., State v. Bowers, 270 S. C. 124, 241 S. E. (2d) 409 (1978). The use of a rule…