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What happens when the supporting parent refuses to pay support?

What happens when the supporting parent refuses to pay support?
Axelrod & Associates, P.A.

Child support is important for the care and support of your child. If you are a custodial parent in South Carolina, you understand that financial support from the other parent is an essential part of meeting the needs of your kids, and it can be frustrating when the other parent refuses to pay.

Both biological parents have the obligation to financially support their children. Through a child support order, the supporting parent will have to pay a specific amount to the other parent for education, food, clothing and other needs the child may have. When he or she refuses to pay, you may have to take legal steps to ensure you get the support you need for your children.

How can you make the other parent pay?

When the other parent refuses to abide by the terms of the child support order, there are ways you can seek the support necessary for your role as the custodial parent. There are legal ways a court can compel the other party to abide by the terms of the agreement, including the following:

  • Seizing certain property
  • Withholding wages through garnishment
  • Suspending an occupational or business license
  • Revoking the person’s driver’s license

While jail time is technically an option for an individual who is delinquent on his or her child support payments, imprisonment would make it even less likely the person would pay.

In addition to seeking enforcement of child support orders, you can petition a court to have the other parent pay for missed child support payments in the past. Child support obligations do not change if the other parent moves out of state, changes jobs or remarries unless he or she seeks a formal modification through the appropriate legal channels.

Pursuing a strong future for your children

Child support is not about you getting money from an ex-spouse; it is simply about ensuring you have the money you need to care for and raise your child. As the parent with the majority of parenting time, many of the financial obligations that come with having a child fall on you. You have the right to expect the other parent to pay support payments on time and in the amount ordered by the court.

It can feel overwhelming if you are not getting the support you need from the other parent. One of the basic steps you can take to better understand your options is to seek an evaluation of your case and a complete explanation of your legal options regarding support order enforcement.

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