Enforcing Child Support Orders In South Carolina: What To Do When They Don’t Pay
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Frequently Asked Questions
Can a parent go to jail for not paying child support in South Carolina?
Yes. A parent found in willful contempt of court for failing to pay child support can be sentenced to up to one year in jail. However, jail is typically a last resort. The court usually gives the parent an opportunity to purge the contempt by making a lump-sum payment or agreeing to a payment plan.
How do I file for contempt for unpaid child support in SC?
You or your attorney must file a Rule to Show Cause with the family court. This document asks the court to order the non-paying parent to appear and explain why they should not be held in contempt. The court then schedules a hearing where both sides present evidence.
Does child support arrears ever go away in South Carolina?
No. In South Carolina, child support arrears do not expire. Unpaid child support is treated as a judgment and can be collected even after the child turns 18. The custodial parent can continue to pursue arrears through enforcement actions indefinitely.
You have a court order that says your child’s other parent must pay child support. But the payments have stopped — or maybe they never started. You’re covering expenses on your own, and your children are the ones suffering.
If this sounds familiar, you’re not alone. Unpaid child support is one of the most common family law issues we handle at Warner Law. The good news is that South Carolina provides powerful enforcement tools to hold non-paying parents accountable.
Here’s what you need to know about how to enforce child support in SC and get the payments your children deserve.
These legal remedies can help parents collect unpaid child support and hold non-paying parents accountable.
Understanding Child Support Arrears In South Carolina
When a parent misses child support payments, the unpaid amounts are called arrears (or arrearages). In South Carolina:
- Arrears are treated as a court judgment — they don’t go away
- Interest can accrue on unpaid support
- Arrears survive even after the child turns 18 — the custodial parent can continue to collect
- Both parents are responsible for tracking payments, but the court’s records are the official accounting
Key Point: A parent cannot unilaterally decide to stop paying or reduce payments, even if they believe circumstances have changed. The proper route is to modify child support through the court. Until a modification is granted, the full amount remains due.
Enforcement Options Available in South Carolina
South Carolina’s family courts and the SC Department of Social Services (DSS) Child Support Division offer several enforcement mechanisms:
1. Contempt of Court
Contempt is the most direct enforcement remedy available through the family court. To pursue contempt, you (or your attorney) file a Rule to Show Cause, which asks the court to order the non-paying parent to appear and explain why they shouldn’t be held in contempt.
At the hearing, you must prove:
- A valid child support order exists
- The other parent has failed to comply – The other parent had the ability to pay but chose not to (willful non-compliance)
Consequences of contempt:
- Up to one year in jail per violation – Payment of the custodial parent’s attorney’s fees
- A purge amount — a lump sum the parent must pay to avoid incarceration
- Court-ordered payment plans with strict deadlines
2. Income Withholding (Wage Garnishment)
South Carolina law requires automatic income withholding for most child support orders. The paying parent’s employer deducts support directly from their paycheck and sends it to the SC State Disbursement Unit.
If income withholding isn’t already in place, the court can order it. This is often the most reliable enforcement method for parents who are employed.
3. Tax Refund Interception
Both federal and state tax refunds can be intercepted to cover child support arrears. The SC DSS coordinates with the IRS and SC Department of Revenue to redirect refunds to the custodial parent.
- Federal intercepts apply when arrears exceed $500 (or $150 if the custodial parent receives public assistance)
- State intercepts may have different thresholds
4. Driver’s License Suspension
Under South Carolina law, a parent who is delinquent on child support can have their driver’s license suspended through the SC Department of Motor Vehicles. This enforcement mechanism often motivates payment because it directly affects the parent’s ability to work and get around. A suspended license can often be reinstated once the parent complies with court-ordered payment requirements or enters an approved repayment arrangement.
5. Passport Denial
Federal law allows the U.S. State Department to deny passport applications (or revoke existing passports) for parents who owe more than $2,500 in child support arrears. If the non-paying parent needs to travel internationally, this can be a powerful motivator.
6. Property Liens
A child support judgment can be used to place liens on real property, bank accounts, and other assets owned by the delinquent parent. This prevents them from selling or refinancing property without first satisfying the child support debt.
7. Credit Bureau Reporting
Unpaid child support can be reported to credit bureaus, negatively impacting the delinquent parent’s credit score. This can affect their ability to obtain loans, rent housing, or even secure certain jobs.
How to Take Action: Your Options
Option 1: File Through the Family Court (Private Attorney)
Hiring a family law attorney to file a Rule to Show Cause for contempt is often the most effective approach. An attorney can:
- Calculate exactly how much is owed in arrears
- Present compelling evidence at the contempt hearing
- Request attorney’s fees from the non-paying parent
- Seek specific enforcement remedies tailored to your situation
Option 2: Contact the SC DSS Child Support Division
If you have a case through DSS, their office can initiate enforcement actions on your behalf, including income withholding, tax intercepts, and license suspension. DSS services are available at no cost, though the process can be slower and less personalized than working with a private attorney.
Option 3: Combine Both Approaches
Many parents work with both a private attorney and DSS simultaneously. Your attorney handles the contempt proceedings while DSS manages administrative enforcement tools like wage garnishment and tax intercepts.
What If You’re the Parent Who Can’t Pay?
If you’re behind on child support because of a legitimate change in circumstances — such as a job loss, medical emergency, or disability — don’t ignore the situation. Ignoring it only makes things worse.
What to do instead:
- Continue making whatever payments you can — partial payments show good faith
- File for a modification immediately — the sooner you file, the sooner a new amount can take effect (see our guide on how to modify child support)
- Document your situation — keep records of your job search, medical records, or other evidence of changed circumstances
- Talk to a lawyer — an attorney can help you navigate both the modification and any contempt proceedings
Remember: The court distinguishes between parents who can’t pay and parents who won’t pay. Demonstrating good faith and taking proactive steps matters.
Get Help Enforcing A Child Support Order In South Carolina
When your child’s other parent isn’t paying court-ordered support, your children are the ones who suffer. You shouldn’t have to bear the financial burden alone, and the law is on your side.
At Warner Law, attorney Carrie Warner helps parents throughout Columbia, Richland County, and Lexington County enforce child support orders and recover unpaid support. We know which enforcement tools work best for different situations, and we won’t let a non-paying parent off the hook.
Schedule a consultation with Warner Law to discuss your enforcement options. We’ll review what’s owed, explain the most effective remedies for your situation, and take action to get your children the support they need.
This article is for informational purposes only and does not constitute legal advice. Every family law case is unique. Contact Warner Law to discuss your specific situation.
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My late father, Jan Warner, was an accomplished and widely known family law attorney and nationally syndicated author in South Carolina, so this area of law runs in my blood. It is all I have ever known, and I cannot imagine doing anything else.