The short answer: In South Carolina, past-due child support (called arrears) is very hard to erase. Once a payment is due and goes unpaid, it becomes a fixed debt, and courts generally cannot retroactively reduce or wipe out arrears that built up before you filed to change your order. You can still ask the court to lower your future payments by showing a substantial change in circumstances. In limited cases, a court may hold arrears in abeyance, or the other parent may agree to forgive part of the balance.
Falling behind on child support does not make you a bad parent. A job loss, an illness, or a pay cut can leave anyone unable to keep up, and the balance can grow quickly. If you’re worried about mounting arrears, wage garnishment, or a suspended license, you deserve straight answers. Here’s what South Carolina law allows and how our Rock Hill child support lawyers at Turner Family Law can help.
In this article, we discuss:
– What child support arrears are
– Whether arrears can be forgiven, reduced, or waived
– How to modify support going forward
– How South Carolina enforces unpaid support
– Your options if you’ve fallen behind
What are Child Support Arrears in South Carolina?
Child support arrears are the court-ordered support you owe but haven’t paid. In South Carolina, an “arrearage” refers to the total amount overdue under an order of support. Every missed payment, plus possible interest and costs, adds to your balance. The underlying obligation is set using South Carolina’s Income Shares Model to calculate child support amounts, which is built on the principle that children should receive the same proportion of parental income that they would have received had the parents lived together. That amount comes from the state’s child support guidelines. There is a rebuttable presumption that the amount resulting from the guidelines is correct, and a different amount may be awarded only on a showing that applying the guidelines would be unjust or inappropriate.
Can Child Support Arrears be Forgiven, Reduced, or Waived?
Usually not. South Carolina courts generally cannot retroactively reduce or forgive arrears that have already accrued. When the family court modifies support, its authority does not reach payments that have already come due. By law, no modification is effective as to any installment accruing before filing and service of the action for modification. Each installment becomes a fixed judgment as it comes due.
A few narrow tools exist. The family court has the right to place any child support arrears in abeyance, which affects how the balance is collected, not whether you owe it. The parent who is owed support can also agree to compromise part of the balance, though the court must approve any change. Before you assume nothing can be done, let our attorneys review your specific order.
You don’t have to face this alone. Call 864-778-2734 for a free consultation with our team at Turner Family Law.
Can You Lower Child Support Going Forward?
Yes. You cannot undo past-due amounts, but you can ask the court to change your future payments. South Carolina gives the family court authority to modify a child support order upon a showing of changed circumstances. Courts weigh whether a substantial change has occurred, considering factors like changes in either parent’s income, time-sharing arrangements, and the child’s needs. One catch: application of the guidelines to an existing order, in and of itself, is not considered a change in circumstances, except in a Title IV-D case handled through the Department of Social Services. Timing matters too, because relief runs only from the date you file and serve your request, not from when your hardship began, so filing promptly protects you.
How Does South Carolina Enforce Unpaid Child Support?
South Carolina has strong collection tools, and they’re often used together:
– Wage garnishment through income withholding, taken straight from your paycheck
– Tax refund interception, where the state may certify past-due amounts of child support to the Internal Revenue Service or Department of Revenue for purposes of intercepting a federal or state tax refund
– Driver’s license suspension, though a person whose license is suspended for failing to comply with a support order may obtain a special route-restricted license to travel between home and work, for work duties, or to school
– Suspension of professional and recreational licenses
– Contempt of court, which can bring fines or even jail for willful nonpayment
Under the license rules, you’re generally considered out of compliance once you’re more than $500 in arrears and haven’t paid your full child support obligation for the last two consecutive months. Facing wage garnishment or a license suspension? Call 864-778-2734 before penalties escalate.
What are Your Options if You’ve Fallen Behind?
You have more options than you might fear, and ignoring the problem is the worst one. Our attorneys may help you file to modify future support, set up a realistic payment plan on the arrears, respond to an enforcement or contempt action before penalties grow, or negotiate a partial compromise with the other parent. The right path depends on your order, your income, and how far behind you are.
Frequently Asked Questions About Child Support Arrears in South Carolina
Can child support be waived in South Carolina?
Courts generally cannot retroactively waive or reduce arrears that have already accrued because no modification is effective as to any installment accruing before filing and service of the action for modification. In limited cases, the parent owed support may agree to forgive part of the balance, subject to court approval.
Do child support arrears go away when my child turns 18?
No. Your ongoing obligation may end when support terminates, but any arrears you still owe stay collectible until paid in full. Enforcement tools, such as garnishment and tax refund interception, can continue even after your child is grown.
Can my driver’s license be suspended for unpaid support?
Yes. South Carolina can suspend a driver’s license for failure to comply with a support order, though you may qualify for a special route-restricted license for travel to work or school. Professional and recreational licenses can also be affected.
Talk to a South Carolina Child Support Attorney
Arrears can feel overwhelming, but you have rights and options, and acting sooner usually means we can do more. Our team at Turner Family Law practices exclusively in family law and has earned recognition, including the South Carolina Lawyers Weekly Family Law Powerlist. Past results do not guarantee future outcomes. Every case is different.
Struggling with child support arrears in South Carolina? Call 864-778-2734 to schedule a consultation with Turner Family Law. Protect what matters most.
