South Carolina FAILURE TO PAY CHILD SUPPORT
What this document covers
The Failure to Pay Child Support form is a legal document used when an individual fails to meet their child support obligations as determined by a court order. This form helps outline the legal implications of violating these obligations, specifically under Title 18, United States Code, Section 228. It is distinct from other support-related forms as it addresses criminal liability, including potential penalties for willful failure to pay support or for evading such obligations through interstate travel.
What’s included in this form
- Definition of past due support obligations as per state law.
- Criteria for establishing the willfulness of the failure to pay support.
- Conditions under which interstate travel may be deemed an intent to evade child support payments.
- Potential penalties for not complying with court-ordered support payments.
- Information on previous convictions related to child support non-payment.
When to use this form
This form should be used in situations where an individual has not paid child support as required by law and there is a need to establish the criminal implications of non-payment. It may be relevant in legal proceedings to enforce the collection of overdue support, particularly when the non-paying parent has crossed state lines with the intent to avoid payments.
Who should use this form
- Parents who are owed child support and want to pursue legal action against the non-paying parent.
- Legal representatives seeking to establish a case for enforcing child support payments.
- Individuals involved in court proceedings regarding child support enforcement and compliance.
Instructions for completing this form
- Identify the parties involved, including the parent who is owed support and the non-paying parent.
- Specify the past due support obligations, including the amount owed and the relevant court order details.
- Document any instances of interstate travel that may indicate an intent to evade support obligations.
- Provide evidence of willfulness, such as prior notices of non-payment or court orders.
- Sign and date the form in accordance with the legal requirements of your jurisdiction.
Is notarization required?
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to provide accurate details of the past due support obligation, including amounts and dates.
- Neglecting to document instances of willful behavior or intentional evasion of payments.
- Not including necessary evidence to support claims, such as prior court documents.
Advantages of online completion
- Convenience of accessing and completing the form from home.
- Easy editing of the document to suit specific needs without extensive paperwork.
- Reliable access to legal documents checked by licensed attorneys, ensuring compliance with the law.
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FAQ
Once the South Carolina Child Support Services Division (CSSD) locates a non-custodial parent with an arrearage of at least $500 and no child support payments made within 60 days, a driver's license may be subject to suspension or revocation after a 45-day notice period.
South Carolina Child Support Enforcement There are serious consequences for a South Carolina parent who disobeys a court's child support order, including fines and jail time. As a custodial parent, rest assured that there are remedies to enforce your support order and to collect the child support owed.
You will be notified of the date and time for the hearing. You will need to show the judge why you have not made your payments as ordered. If the court finds you in contempt, you could be sentenced to up to a year in jail, up to a $1500.00 fine or both.
In North Carolina, you have 14 days, and in South Carolina, you have 45 days. If you do not contact DCSS and do not catch up on payments, your license will be suspended once your grace period ends.
If the non-custodial parent accumulates an arrearage of at least $500 and has not made a payment within 60 days, licenses issued by the State of South Carolina are subject to being suspended or revoked.
§ 56-1-460 makes it unlawful for any person to drive a motor vehicle on any public highway of this State when his license to drive is cancelled, suspended, or revoked.
Support generally continues until the child is 18 and has finished high school or at the end of the school year that the child turns 19. Support can continue for exceptional situations such as college or if the child is disabled. Child support does not end automatically.
