Saturday, June 22, 2013

The Child Support Laws in South Carolina If You Break a Court Order

When parents divorce, the court often requires the non-custodial parent to pay child support to the custodial parent to aid with expenses related to raising the children. Failure to pay puts a parent in contempt of court and puts him at risk of civil and criminal penalties. In South Carolina, parents can work with the Child Support Enforcement office to locate deadbeat parents and get them to pay.

Civil Consequences

    Parents who default on their child support obligation may be sued for the amount of money they owe to their children. Once a court enters a judgment against a parent, the parent faces several civil consequences. His employer may be required to garnish his wages, or withhold a certain amount for child support every pay period until the debt is paid. In addition, the court may report the parent's non-payment to the credit bureaus and seize tax refunds.

Locating Parents

    The South Carolina Department of Child Support Enforcement posts the names and photos of parents who owe child support that it is attempting to locate, as well as the amount of child support these parents owe. The Department of Child Support Enforcement also accesses public records such those from the Department of Motor Vehicles in an attempt to locate the absent parent. It then compares information gathered through these records to law enforcement databases to obtain additional information about the parent's whereabouts.

Criminal Penalties

    Parents who do not pay child support can lose their driver's license until it is paid. As of February 2011, the parent may also be fined up to $1,600 or sentenced to a year in jail for failure to pay child support if she cannot provide a suitable reason for her delinquency such as severe financial hardship. If the parent fails to attend a hearing regarding her delinquency, the court may issue a warrant for her arrest for contempt of court.

Contacting Child Support Enforcement

    If a parent fails to pay child support as ordered, the custodial parent must first apply for service from Child Support Enforcement before the order can be enforced. The custodial parent must obtain an application online from Child Support Enforcement and fill it out completely, providing information about both parents, both parents' employers and the identity and number of children involved in the case. Child Support Enforcement charges an application fee of $25 as of 2011.

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