If you’ve obtained an order from the family court requiring a recalcitrant spouse to pay child support, you may be breathing a huge sigh of relief. Finally you have a document compelling payment; case closed, right? Unfortunately, a court order doesn’t necessarily guarantee your spouse will pay; it just means they’ve been ordered to pay. Enforcing an order for support can sometimes seem like an uphill battle, but it’s worth it in the long run. If you have a spouse who isn’t complying with court ordered support, there are legal remedies available to make them pay, as well as legal penalties in store for your spouse if they don’t.
Enforcing A Court Order
If a spouse refuses to obey a court order requiring them to pay a certain amount of child support, they are in contempt of court . Contempt of court is an action that defies the court’s authority; in this case, the authority of the court in issuing the order for support. Under the South Carolina Rules for Family Court, Rule 14 provides for a family court judge to issue a rule to show cause for contempt of court, known simply as a rule to show cause . The rule to show cause requires the non-paying spouse to appear in court for a hearing to explain why they haven’t obeyed the court order. In most cases, at this hearing the delinquent spouse will be compelled to pay at least part of the debt, or face going to jail.
Making Delinquent Spouses Pay
In enforcing or defending a court order, there are several available options to make a delinquent spouse pay . These options include:
- Income withholding – Child support payments can be ordered to be deducted directly from the spouses pay.
- Federal or state tax refund offset – A delinquent spouse may have a portion of their income tax refund intercepted to pay child support.
- Unemployment insurance benefits intercept – A portion of benefits may be intercepted to pay child support debt.
- Financial institution account lien – Money in the non-paying spouse’s account can be garnished toward offsetting child support arrearages.
- Asset seizure – If the delinquency is over $1,000, any assets owned by the delinquent parent are subject to seizure to satisfy the debt.
In addition to the above methods of compelling payment, there are some serious penalties for not paying child support that can make a delinquent spouse think twice about skipping their payments. Parents who don’t pay court ordered support risk having their driver’s license suspended, as well as having their passports revoked. The threat of actually going to jail is often enough to make a delinquent parent pay up.
Contact Our Experienced South Carolina Family Law Attorney
If you need help in obtaining child support or enforcing an order for support, contact an experienced Greenville family law attorney . Lauren M. Taylor understands how important child support payments are in helping to provide for your children. Serving the entire upstate area, we have the training and knowledge to make sure you get the support you deserve. Contact our office today for an initial consultation.
South Carolina divorce attorney Lauren Taylor practices family law in Charleston and Greenville. She graduated from the Charlotte School of Law, and has been practicing for more than ten years.
Since the firm’s inception in 2012, Mrs. Taylor has helped hundreds of people navigate the uncertainties surrounding the family and criminal court process.
She has cultivated a team that ensures each case has a strategy crafted specifically to the clients needs and desires.
Her commitment to top notch service has led her to open two additional offices in the low country where she now resides with her husband Michael and her golden retriever, Buster.