When child support payments are missed, the financial and emotional toll on families can be significant. At The Hopkins Firm, our experienced Charleston child support enforcement lawyers are here to help you understand your rights and legal options. Whether you're seeking to enforce a child support order or defending against enforcement actions, we provide the guidance you need.
How Far Behind in Child Support Before a Warrant Is Issued in South Carolina?
In South Carolina, the Family Court takes child support enforcement seriously. If a non-custodial parent falls significantly behind on payments, the court may issue a warrant for their arrest. Generally:
- Delinquency Threshold: A parent can face enforcement actions, including arrest, if payments are overdue by more than five days or if they violate a court order.
- Contempt of Court: Failing to comply with a child support order may result in contempt proceedings, leading to penalties such as fines, license suspension, or jail time.
If you are behind on child support or are dealing with enforcement actions, our Charleston child support lawyers can provide legal assistance to navigate the process.
How Much Back Child Support Is a Felony in South Carolina?
Under federal law and South Carolina statutes, falling behind on child support payments can escalate into a criminal offense:
- Misdemeanor: Nonpayment for shorter durations or smaller amounts may result in misdemeanor charges.
- Felony: If unpaid child support exceeds $10,000 or payments are overdue for more than two years, it may be classified as a felony.
Penalties for felony nonpayment can include substantial fines, jail time, and a permanent criminal record. Our team of Charleston child support enforcement attorneys is experienced in handling cases involving back child support and will work to protect your rights.
Consequences of Falling Behind on Child Support in South Carolina
Failure to pay child support can lead to serious legal and financial consequences, such as:
- Wage garnishment
- Interception of tax refunds
- Suspension of driver's or professional licenses
- Contempt of court proceedings
- Jail time for severe delinquency
If you're facing these penalties, our Charleston child support enforcement lawyers can help negotiate payment plans or explore other legal options to avoid harsh repercussions.
How We Help with Child Support Enforcement
The Hopkins Firm provides comprehensive legal support for child support issues, including:
- Enforcement Actions: Assisting custodial parents in collecting unpaid child support through legal channels.
- Defense Against Enforcement: Representing non-custodial parents facing penalties for overdue payments.
- Modification Requests: Helping clients seek adjustments to child support orders if their financial circumstances change.
Our Charleston child support attorneys work tirelessly to ensure fair outcomes for all parties involved.
Frequently Asked Questions
1. What should I do if I can't afford to pay child support?
If your financial situation has changed, you can petition the court for a modification of your child support order. Our Charleston child support lawyers can guide you through this process.
2. Can I go to jail for not paying child support in South Carolina?
Yes. If you fail to pay child support and are found in contempt of court, the judge may order jail time, especially if other enforcement methods have failed.
3. How can I collect back child support?
Custodial parents can seek enforcement through the South Carolina Department of Social Services (DSS) or hire an attorney to take legal action.
Contact a Charleston Child Support Enforcement Attorney Today
Whether you're struggling to enforce a child support order or facing penalties for unpaid support, The Hopkins Firm is here to help. Our experienced Charleston child support attorneys are ready to provide the guidance and representation you need.
Schedule a free consultation today to discuss your case and take the first step toward resolving your child support issues.
