South Carolina FAILURE TO PAY CHILD SUPPORT

State:
South Carolina
Control #:
SC-FEDDC-JURY-18-228-CR
Format:
Word
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Description

Official Pattern Jury Instructions for Criminal Cases in Federal District Court of South Carolina. All converted to Word format. Please see the official site for addional information. http://www.scd.uscourts.gov/pji/

South Carolina Failure to Pay Child Support is when a parent fails to make court-ordered payments to help cover the costs of raising a child. It’s a criminal offense in South Carolina, and failure to pay can lead to a variety of penalties, including wage garnishment, a suspended driver’s license, and even jail time. There are two types of South Carolina Failure to Pay Child Support: willful and non-willful. Willful failure to pay child support occurs when a parent intentionally decides not to make payments, while non-willful failure occurs when a parent is unable to make payments due to financial hardship or other circumstances beyond their control. Both types of failure to pay child support can result in serious consequences, including fines, wage garnishment, suspension of driver’s license, and jail time.

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FAQ

Once the South Carolina Child Support Services Division (CSSD) locates a non-custodial parent with an arrearage of at least $500 and no child support payments made within 60 days, a driver's license may be subject to suspension or revocation after a 45-day notice period.

South Carolina Child Support Enforcement There are serious consequences for a South Carolina parent who disobeys a court's child support order, including fines and jail time. As a custodial parent, rest assured that there are remedies to enforce your support order and to collect the child support owed.

You will be notified of the date and time for the hearing. You will need to show the judge why you have not made your payments as ordered. If the court finds you in contempt, you could be sentenced to up to a year in jail, up to a $1500.00 fine or both.

In North Carolina, you have 14 days, and in South Carolina, you have 45 days. If you do not contact DCSS and do not catch up on payments, your license will be suspended once your grace period ends.

If the non-custodial parent accumulates an arrearage of at least $500 and has not made a payment within 60 days, licenses issued by the State of South Carolina are subject to being suspended or revoked.

§ 56-1-460 makes it unlawful for any person to drive a motor vehicle on any public highway of this State when his license to drive is cancelled, suspended, or revoked.

Support generally continues until the child is 18 and has finished high school or at the end of the school year that the child turns 19. Support can continue for exceptional situations such as college or if the child is disabled. Child support does not end automatically.

More info

Failure to pay support can result in interest penalties, contempt of court, and the possibility of jail time. Each state has its own child support laws and procedures for modifying support obligations.The contempt of court can be purged (removed) if the obligor makes accelerated child support payments. A parent who fails to make child support payments may still exercise any court visitation rights, and the custodial parent must not restrict access. Is it a crime to fail to pay child support? Failure to pay support can result in interest penalties, contempt of court, and the possibility of jail time. What Happens If Child Support Isn't Paid? If you were ordered to pay child support and you don't make your payments, the other parent can take you to court. This debt is sometimes referred to as arrears. Unpaid child support payments don't go away when the child turns 18.

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South Carolina FAILURE TO PAY CHILD SUPPORT