English
EspañolIf the other parent fails to pay support, what can I do?
Both parents have a legal obligation to support their child. If the non-custodial parent is not making the child support payments ordered, you can file for enforcement at the South Carolina Department of Social Services (DSS) or in court.
A judge or DSS have different options to enforce the child support order, such as:
- taking it from the non-custodial parent’s wages, unemployment, worker’s compensation benefits, or income tax refunds; and
- revoking the non-custodial parent’s occupational, professional, or driver’s license.1
In some cases, there can even be jail time ordered for not complying with the order of the court.2
Note: If the other parent is not following the child support order, don’t wait too long to request that it be enforced. The South Carolina Supreme Court has established that it wouldn’t be fair to enforce an order that hasn’t been paid for a long time when the custodial parent was not diligent in requesting enforcement.3 In this specific court case, the parent waited more than 20 years to enforce the order but, it’s possible another court might rule similarly based on waiting a shorter period of time.
1 S.C. Code § 63-17-310; Frequently Asked Questions, South Carolina Department of Social Services
2 S.C. Code § 63-5-20
3 Hallums v. Hallums, 296 S.C. 195, 371 S.E.2d 525 (1988)
