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South Carolina Affidavit - Failure to Pay Court-Ordered Support Other than Periodic Child Support

State:
South Carolina
Control #:
SC-SKU-1305
Format:
PDF
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Description

Affidavit - Failure to Pay Court-Ordered Support Other than Periodic Child Support

The South Carolina Affidavit — Failure to Pay Court-Ordered Support Other than Periodic Child Support is a legal document used when an individual has failed to pay court-ordered support other than periodic child support. This affidavit is typically completed by the custodial parent seeking the unpaid support and is then submitted to the court. It outlines the amount of unpaid support owed and is used as evidence for the court. There are three types of South Carolina Affidavit — Failure to Pay Court-Ordered Support Other than Periodic Child Support: the Affidavit of Indebtedness, the Affidavit of Financial Status, and the Affidavit of Default. The Affidavit of Indebtedness is used when the custodial parent is owed an amount of support that has not been paid in full. The Affidavit of Financial Status is used when the custodial parent needs to show the court the financial status of the obliged. The Affidavit of Default is used when the obliged has not responded to the court-ordered support within the designated time frame.

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FAQ

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.

If the total amount is not paid, the CSSD may attempt to collect the child support in the following ways: File contempt of court proceedings, which may result in a jail sentence if the non-custodial parent is found in contempt of court.

By default, South Carolina grants sole custody of a child to the natural mother if she is unmarried. Unmarried fathers can only petition the court for custody when their paternity is legally acknowledged or adjudicated.

Child support is not automatic - you must get a court order or establish support through South Carolina's Division of Child Support Services (DCSS).

SECTION 63-17-20. Jurisdiction. (A) Any person who has sexual intercourse in this State thereby submits to the jurisdiction of the courts of this State as to an action brought under this article with respect to a child who may have been conceived by that act of intercourse.

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.

There are several statutory grounds for terminating a parent's rights; in our practice, the most commonly employed grounds for termination are a) willful failure to visit the child for a period of six (6) months or more, and b) willful failure to pay support for a period of six (6) months or more.

More info

If your Motion does not involve child support, complete the following additional form: D. Motion for Referral to the General Magistrate, Form 12.920(a). B) Supplemental Petition for Modification of Child Support, Form 12.PDFWord109ESPDFWord110ESPDFWord111ES DPDFWord111ES W The form should be given to all households that include children who have one or more non-custodial parents. PDFWordSCCA468PDFWordSCCA400.42SRL‑VISPDFWordSCCA407PDFWordSCCA400.22SRL‑CSM Failure to pay court-ordered child support other than periodic child support payments; affidavit; hearing; costs and attorney's fees. Only a court can change a child support order. Legal Duty of Support for Prior-born Child(ren) When No Court Order Exists. 4. Alimony or Maintenance. Only a court can change a child support order.

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South Carolina Affidavit - Failure to Pay Court-Ordered Support Other than Periodic Child Support