If you have a child support arrears or back child support case, Turner Family Law in Greenville, SC can assist you. We represent people who are looking to enforce orders or people who are facing collection actions. Contact us today for a personalized consultation and to speak with our child support lawyer in Greenville. Turner Family Law is here to help.
Lawyer for Child Support Arrears and Back Child Support
Child support is a court order. Each month, it becomes due and enforceable. When a party falls behind, it may mean facing a contempt action. Jail and monetary fines may be possible, which can only make the payer fall further behind.
You may benefit from having a lawyer for child support arrears and back child support. If you receive child support, you have a right to collect the ordered amount. A lawyer can assist your efforts. If you pay child support, you may need assistance responding to allegations of willful nonpayment. J. Michael Turner, Jr. is an experienced family court litigator in Greenville. He will represent your rights and guide you through the process of your child support arrears or back child support case.
Enforcing Child Support Arrears or Back Payments
If you have not received the child support that you are due, you may pursue enforcement. You may request a show cause proceeding. It requires the payer to explain why they should not be held in contempt of court for failing to make the required payments.
There are several enforcement avenues that may be available, including:
- Intercepting pay from work
- Liens on bank accounts and tax refunds
- Collecting from unemployment, workers’ compensation, or social security
- Driver’s license suspension
- Passport denial
- Suspension of a professional license
- Fines
- Jail time
Ultimately, the goal of your legal action is to collect the funds that your family relies upon. Having a lawyer represent you gives you a professional to examine the situation, pursue sources of income, and present a clear case to the court to ask for assistance in collecting the amounts owed.
Can a parent withhold visitation for unpaid child support in South Carolina?
No. A parent cannot withhold visitation because child support is unpaid. The courts look at visitation and child support as two separate issues. A parent may take action to collect support, but they may not withhold the child because the other parent is behind on support.
Responding to a Child Support Arrears or Back Payments Action
If you are responding to a child support arrears or back payments action, our law firm can assist you. You have the right to a hearing and to present your case to the court. Contempt of court is willful disobedience of a court order. The court has the discretion to determine whether it is appropriate to find you in contempt of court.
It is not contempt if you are genuinely unable to pay. However, it is a high burden to show to the court that you cannot pay. You must show the court that you honestly tried. For example, one court said that a payer was in contempt when they spent three years trying to start a business rather than looking for a job commensurate with their skill set. (Crabtree v. Crabtree, S.C. Ct. App. 2018-001571, (not legal authority)).
On the other hand, a court declined to find a payer in contempt of court where they were involuntarily unemployed but still made best efforts to pay whenever possible. (Smith-Cooper v. Cooper, 344 S.C. Ct. App. 289 (2001)).
A contempt determination largely depends on the facts. To be successful, you must explain the situation to the court. Our law firm can guide you through the process and present the case on your behalf.
In addition, we can review your situation to determine if seeking modification of your child support award is appropriate.
Consultation With a Lawyer for Child Support Arrears or Back Child Support
If you have questions about child support arrears or back support, we invite you to contact us. Whether you need to begin an action or respond to one that has been filed, lawyer Michael Turner can represent you. He is an experienced lawyer representing clients in child support enforcement matters. Contact Turner Family Law for your consultation and begin your case today.
