What can I do if the other parent is not paying the child support that was ordered? – South Carolina

Short Answer

In South Carolina, unpaid court-ordered child support can be enforced through the Family Court and, in many cases, through the South Carolina Department of Social Services (DSS) Child Support Enforcement program. Common enforcement tools include wage withholding, contempt (a rule to show cause), and child support liens when arrears reach certain thresholds. The right next step usually depends on whether payments are supposed to run through the clerk of court/DSS and what proof exists of the missed payments.

Understanding the Problem

When a South Carolina Family Court order requires one parent to pay child support, the key question becomes: what can be done when the paying parent does not follow the order and payments fall behind? This issue usually comes up after missed monthly payments, partial payments, or a complete stop in payments, even though the order is still in effect. The focus is enforcement of an existing support order, not changing the amount of support.

Apply the Law

South Carolina law provides multiple ways to enforce child support, including income withholding, administrative enforcement through DSS, and court enforcement. In many situations, enforcement starts with documenting the arrears (the unpaid balance) and then using a process that matches the case posture (for example, whether DSS is involved or whether the case is being handled directly in Family Court). Some remedies can also reach the paying parent’s property through a statutory lien once arrears meet a set minimum.

Key Requirements

• A valid support order exists: There must be an active child support order (including any later modifications). Enforcement is based on the terms of that order.
• Proof of nonpayment (arrears): The enforcing party typically needs a payment history (for example, clerk of court/DSS records) showing what was due and what was actually paid.
• A proper enforcement path is used: Depending on the case, enforcement may proceed through DSS administrative tools (like income withholding) or through Family Court (such as contempt/rule to show cause).

What the Statutes Say

• S.C. Code Ann. § 63-17-2710 (Child support arrearage liens) – Unpaid child support of $1,000 or more can become a lien in favor of the person owed support and may attach to the obligor’s property once properly recorded/registered.
• S.C. Code Ann. § 63-17-1010 (License revocation) – A person under a child support order may be subject to license-related enforcement under South Carolina law.
• S.C. Code Ann. § 63-17-1030 (License revocation; exceptions/time to comply) – Provides a 45-day window after notice for payment or a consent agreement before revocation in certain situations.
• S.C. Code Ann. § 63-17-1830 (Requesting out-of-state income withholding) – Allows the clerk of court to request income withholding in another jurisdiction when the obligor earns income there.
• S.C. Code Ann. § 63-17-3520 (Employer duties for income withholding) – Describes employer obligations to implement and send withheld child support under a withholding order.

Analysis

Apply the Rule to the Facts: Here, there is an existing child support case in South Carolina and the concern is that the paying parent is not making the ordered payments. The first practical step is confirming the current order terms and getting an accurate payment record to show the amount of arrears. With that documentation, enforcement can often proceed through wage withholding and/or a Family Court contempt process, and arrears at or above the statutory threshold may support a child support lien.

Process & Timing

1. Who files: Typically the parent owed support (or DSS if the case is being enforced through DSS). Where: South Carolina Family Court in the county handling the case, and/or through DSS Child Support Enforcement (depending on how the order is being administered). What: Commonly a contempt/rule to show cause filing in Family Court and supporting documents showing the payment history and the current order. When: As soon as a meaningful delinquency exists; waiting can make arrears harder to collect and can complicate proof.
2. Next step: The court typically schedules a hearing where the paying parent must explain the nonpayment and the court reviews the order, the payment record, and any defenses raised. If wage withholding is available, it may be pursued in parallel or as an alternative depending on the case posture.
3. Final step: If the court finds a willful failure to pay, it can issue enforcement orders designed to bring the account current (often including a payment plan and other compliance terms). If arrears meet the legal threshold, a lien process may also be used to secure payment against property, subject to proper recording/registration requirements.

Exceptions & Pitfalls

• Informal side payments can be hard to prove: Cash payments or payments made outside the official system may not be credited unless they can be documented and accepted under the case’s accounting rules.
• Confusing enforcement with modification: Enforcement addresses nonpayment of the existing order. Changing the amount usually requires a separate request and proof of a substantial change in circumstances.
• Wrong forum or missing paperwork: Enforcement often turns on having the current order and a reliable payment history. Missing certified copies, unclear arrears calculations, or filing in the wrong county can delay relief.

For readers who want a deeper look at the contempt process in Family Court, these may help: How to File a Contempt Motion in a Pending South Carolina Family Court Case (and What Proof to Attach) and How Do I File Contempt in South Carolina for Missed Weekly Calls and Refusal to Share a Child’s Address or School?.

Conclusion

In South Carolina, when a parent does not pay court-ordered child support, enforcement options commonly include wage withholding, Family Court contempt proceedings, and—once arrears reach at least $1,000—a statutory child support lien that can attach to property if properly recorded. The most important next step is to obtain the current support order and an official payment record, then file the appropriate enforcement action in South Carolina Family Court (or work with DSS if the case is being enforced through DSS) as soon as the delinquency is clear.

Talk to a Family Law Attorney

If a parent is not paying court-ordered child support in South Carolina, a family law attorney can help identify the fastest enforcement tools available, prepare the proof the court or DSS will expect, and map out realistic timelines for getting payments back on track.

Disclaimer: This article provides general information about South Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed South Carolina attorney.