Saturday, October 30, 2010

Can My Wages Be Garnished for Alimony in South Carolina?

If you do not make alimony or spousal support payments as required by a South Carolina court, you may be held in contempt of court. This may result in imprisonment for up to one year. However, in most cases, your wages cannot be garnished for failure to make alimony payments in South Carolina.

Wage Garnishment Exemption

    South Carolina is one of only four states -- Pennsylvania, North Carolina and Texas are the others -- that does not allow wage garnishment in most cases. Only debts for unpaid child support and taxes may be recovered through wage garnishment. This means that if a South Carolina court has ordered alimony payments in a divorce case, the court cannot use wage garnishment to force the debtor to make his alimony payments.

Court Orders from Other States

    Although South Carolina law generally prohibits wage garnishment issued by a South Carolina court, it typically permits wage garnishment for court orders issued by other states. If you are required to make alimony payments by a court in another state, South Carolina may permit garnishment of your wages to satisfy your unpaid alimony. However, garnishment is limited to a maximum of 25 percent of your post-tax earnings under federal law.

Bank Garnishment

    South Carolina does not provide the same exemption for bank account balances as for wages. If you owe unpaid alimony in South Carolina, the court may execute an order on your bank to freeze your bank account and transfer the funds in your account to the court for payment of your alimony debt.

Other Earnings

    In addition to wages, most other types of earnings are protected from garnishment under South Carolina law. Although federal law permits garnishment of Social Security benefits for unpaid alimony, South Carolina provides a complete exemption for this type of income. South Carolina also provides exemptions for workers' compensation payments, unemployment benefits, retirement and pension distributions, disability benefits and public compensation for crime victims.

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