Child support enforcement in South Carolina is the process of collecting overdue child support payments. Whether you are looking to collect child support that is owed to you, or you are behind in your payments, an experienced lawyer can ensure that your rights are protected in court. An experienced child support lawyer can assist you with this.
Lawyer J. Michael Turner, Jr. in Greenville can assist you with a child support enforcement action in South Carolina. Contact Turner Family Law today to discuss your situation. We are taking new cases, and we can begin to assist you today.
Legal Help When a Parent is Behind on Child Support
Child support is a court order. Once the court issues the order, it has the power to enforce it. If a parent does not pay the required amount, the court has several options at its disposal to pursue collection.
A person is considered in compliance with a child support order when the total overdue is $500 or less and the person has paid the full obligation for the last two months. If a parent is behind, they may be called to court to explain their failure to make payments.
Penalties for failing to pay child support may include:
- Income withholding
- Jail time
- Fines
- Interception of tax refunds
- Liens on assets and personal property
- Seizure of bank accounts
- Suspension of a driver’s license
- Suspension of professional licenses like a teaching certificate or medical license
- Hunting, fishing, or trapping license suspension
- Negative information on your credit report
An attorney who is in willful violation of a child support order may face discipline as a member of the bar. (S.C. Code § 63-17-1020).
Lawyer for Child Support Collection
Whether you are trying to collect overdue support or facing an enforcement action, a lawyer can help you with your child support enforcement matter. If you are trying to collect amounts that are overdue, a lawyer can prepare your court documents to initiate the proceedings and ensure that you serve the paperwork appropriately. Collection options may be explored like liens and income interception. A lawyer can represent you in court and counter whatever explanation the other side may provide.
If you are facing a child support enforcement order, a lawyer can assist you in several ways. It is important to have an accurate accounting and understanding of the amount owed. A lawyer can help you explore defenses and ways to explain the situation to the court. Finally, they can explore modification efforts that may reduce your support order in the future.
Michael Turner is an experienced family lawyer with years of experience litigating on behalf of parents in child support matters like these.
Understanding Child Support Enforcement in South Carolina
An arrearage is the total amount of overdue child support. (S.C. Code § 63-17-1020).
Does South Carolina enforce child support?
Yes. Parents whose child support payments are overdue are subject to several enforcement actions that may include jail time. A parent may be found in contempt of court and subject to penalties to punish the parent for non-compliance and encourage their compliance in the future.
What happens if you don’t pay child support in SC?
If you don’t pay child support in South Carolina, you will likely be subject to enforcement. You may be brought before the court to show cause why you should not be held in contempt of court. The court may impose jail time, issue fines, intercept your assets, and revoke any state-issued licenses like your driver’s license.
What is the statute of limitations for child support arrears in SC?
There is no statute of limitations for child support arrears in South Carolina. Collection efforts may continue until the amount due is paid. Either the state or a parent can pursue unpaid child support even after the child has reached the age of majority.
Is there a defense for not paying child support?
A parent may defend child support nonpayment on the basis that they are truly unable to meet their obligation. They must show that they have made their best efforts to make the payments. The inability to pay must be involuntary.
This is a very high burden that the parent must show, but it is possible. Having a lawyer can help you explain your situation to the court. In addition, a lawyer can assist you with a request to modify the support order to make the amount more manageable going forward.
Consultations Available – Begin Today
All child support enforcement proceedings are serious. You can have experienced legal counsel representing you. Contact Turner Family Law in Greenville today.
