Under South Carolina law, violating a court order involving family law matters is taken very seriously and can result in penalties. Examples of family court orders that people must follow include child support and custody agreements, alimony arrangements, and marital settlement orders. People who do not follow these agreements or who prevent someone else from following them may face fines and penalties, such as garnished wages or even jail time.
Turner Family Law serves families throughout South Carolina as they navigate co-parenting and dissolution of marriage matters. Our founding attorney, J. Michael Turner, Jr., is a divorced dad and a Greenville family law attorney, so he understands firsthand what the family law court process is like. He seeks to create empowering and effective solutions to the challenges in people’s lives.
Understanding Family Court Orders in South Carolina
Family court orders are issued by a judge during or at the end of a lawsuit. They are put in place to clarify rights and responsibilities and require or prohibit action to create equitable outcomes in things like divorce or parenting matters.
For example, divorcing spouses may get a court order that ends the marriage and requires one spouse to pay alimony to the other. Or two unmarried parents may get a child custody and support order during a parentage lawsuit.
These and other types of family court orders are enforceable, and anyone who violates them may face serious legal consequences. These court orders can be temporary, meaning they are only valid until a different order is put in place. But some orders are final, meaning they are effective until something, such as remarriage, death, or a substantial change in circumstances, causes them to end.
What Constitutes a Violation of a Family Court Order?
Anytime someone does something that does not align with what the judge told them to do, it may be a violation of a court order. For example, someone is in violation of a child support order if they do not make their payments on time or if they send less money than they are supposed to.
Likewise, if someone does not follow the schedule outlined in a custody or visitation order, this may be illegal. Another possible violation includes not transferring property to the other spouse like a property distribution order says. However, minor or inadvertent mistakes, such as being a couple of minutes late dropping the children off, may not constitute a violation.
Legal Consequences for Violating a Family Court Order in South Carolina
If someone violates a South Carolina family court order, they may face several different penalties. For instance, they may be in contempt of court, which means they ignored the orders given to them by a judge. When someone is in contempt of court, the consequences may include things like paying hefty fines, having their professional or driver’s licenses taken away, or going to jail.
If someone violates a child support order, they may also get into trouble with the South Carolina Department of Social Services (DSS). This agency is responsible for receiving child support payments and sending them to the appropriate recipient. If someone does not make payments in the frequency or amount required, DSS may take steps like garnishing the person’s paycheck to get the full child support amount.
Steps To Take If the Other Party Violates a Court Order
If someone violates a family court order, there are steps you can take to address this. First, it would be helpful if you gathered evidence of the violation. For example, you might take note of what was supposed to happen, when, and what happened instead. Text messages, court documents, receipts, and other materials might be helpful.
You can then pursue legal action either through filing a petition with the court or (in some cases like child support) submitting a complaint through an agency like the Department of Social Services. If someone has taken or refuses to return your children, and you are concerned about their safety, you can also contact the local police. A South Carolina family law attorney is a valuable resource to help you determine what your options are and how to protect your and your family’s rights and well-being.
When To Seek Legal Help for Family Court Order Violations
Whenever there is a violation of a family court order, it may be a good idea to reach out to a knowledgeable attorney. If addressed early on, some of these disagreements can be solved without escalating into contentious legal matters.
A seasoned family law advocate can help people identify whether a violation has occurred and create a practical plan to address it. For example, they may file a petition to modify the existing agreement if appropriate or ask for a court to impose sanctions on the offending party.
Contact Turner Family Law for Help If Someone Violates a Family Court Order
Family court orders are in place to help people organize their lives in the aftermath of something like a divorce, adoption, or parentage action. When people do not follow these orders, conflict and inconsistency may occur, and they may be prevented from providing for themselves or their loved ones.
If you would like to file a complaint against a co-parent or ex-spouse for violating a court order, an attorney at Turner Family Law can help. Our legal team provides a full suite of services for individuals and families during and after a divorce, adoption, parentage, or other family-related matters. Reach out to us today by calling 864-778-2734 to schedule a no-obligation consultation to discuss your legal needs.
