The Consequences of Not Paying Child Support in South Carolina

Child support is a legal obligation designed to ensure that children receive financial support from both parents, even when they are no longer together. In South Carolina, failing to pay child support can result in serious consequences. If you find yourself unable to meet your child support obligations, it’s important to understand the potential repercussions and seek legal assistance to address the situation. Here’s what you need to know about the consequences of not paying child support in South Carolina.

1. Legal Penalties and Enforcement Actions

South Carolina takes child support enforcement seriously. The following legal penalties and enforcement actions can be taken against those who fail to pay child support:

1. Wage Garnishment The South Carolina Department of Social Services (DSS) can issue an order to garnish the non-paying parent’s wages. This means that a portion of their paycheck will be automatically deducted to cover the child support payments.
2. Tax Refund Interception The DSS can intercept federal and state tax refunds to cover unpaid child support. This can significantly affect the financial situation of the non-paying parent.
3. Liens on Property A lien can be placed on the non-paying parent’s property, including real estate and vehicles. This means that the property cannot be sold or refinanced until the child support debt is paid.
4. License Suspension The state can suspend various licenses, including driver’s licenses, professional licenses, and recreational licenses, until child support payments are brought up to date.
5. Contempt of Court If a parent continuously fails to pay child support, they can be held in contempt of court. This can result in fines, community service, or even jail time.
6. Impact on Credit Score

Failure to pay child support can negatively impact your credit score. The DSS can report overdue child support payments to credit bureaus, which can lead to a lower credit score. A poor credit score can affect your ability to obtain loans, mortgages, and other forms of credit.

3. Passport Denial

If child support arrears exceed $2,500, the non-paying parent may be denied a U.S. passport. This can hinder travel plans and potentially affect employment opportunities that require international travel.

4. Seizing Bank Accounts

The DSS has the authority to seize funds from the non-paying parent’s bank accounts to cover unpaid child support. This can occur without prior notice, leading to financial hardship.

5. Interception of Unemployment Benefits

If the non-paying parent is receiving unemployment benefits, the state can intercept these benefits to cover child support payments.

6. Criminal Charges

In severe cases, failing to pay child support can result in criminal charges. Non-payment of child support is considered a misdemeanor in South Carolina and can lead to criminal prosecution, resulting in further fines and potential jail time.

7. Modifying Child Support Orders

If you are unable to pay child support due to a significant change in circumstances, such as job loss or medical issues, it is crucial to seek a modification of the child support order. You can request a modification through the family court, and the court will review your situation to determine if a change in the payment amount is warranted. It is important to continue making payments to the best of your ability while the modification is being considered.

Conclusion

Failing to pay child support in South Carolina can lead to severe legal, financial, and personal consequences. It is crucial to understand your obligations and take proactive steps to address any issues that may arise. If you are struggling to make child support payments or need assistance with modifying a child support order, contact Rivertown Law at 843-488-5600. Our experienced team is here to help you navigate the legal system and find a solution that works for you and your family.