South Carolina Affidavit of Arrears
About this form
The Affidavit of Arrears is a legal document used to determine the amount of back child support owed by one parent to another. This affidavit, made under oath, serves a crucial role in legal proceedings and is different from other legal forms of child support as it focuses specifically on unpaid amounts and detailed accounting of support payments and balances.
Form components explained
- Identification of the plaintiff and defendant.
- Details about the court order for child support payments.
- Calculation of ongoing support amounts, including amounts due and paid.
- Inclusion of medical and dental expenses related to child support.
- Affiantâs sworn statement and notarization requirement.
When to use this form
This form should be used when a custodial parent needs to formally state the arrears owed for child support payments. It is applied in cases where previous payments were not made as ordered by the court, and documentation is necessary to recover the due amounts. This can occur in situations like divorce, separation, or when child support agreements are not adhered to.
Who needs this form
- Custodial parents seeking to recover back child support payments.
- Non-custodial parents who need to understand their obligations.
- Legal guardians requiring a formal declaration of owed support.
Completing this form step by step
- Calculate the amounts due for each month separately without keeping a running balance.
- Record the total due, total paid, and calculate the balance for both ongoing support and any medical or dental bills.
- Attach certified copies of any payment records related to the support order.
- Make sure the affidavit is signed in front of a notary public.
- Include any additional sheets with more details if necessary.
Does this form need to be notarized?
Yes, this form must be notarized to be legally valid. The signature of the affiant must be witnessed by a notary public to confirm the authenticity of the statement made in the affidavit. US Legal Forms offers integrated online notarization services for your convenience, providing a secure video call and legal equivalence without needing to travel.
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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.
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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.
Avoid these common issues
- Mixing ongoing support payments with medical and dental expenses.
- Failing to include all relevant payment records or bills.
- Not having the affidavit notarized correctly.
- Incorrectly calculating total amounts due and owing.
Key takeaways
- The Affidavit of Arrears is crucial for enforcing child support obligations.
- Accurate record-keeping is vital for effective use of this form.
- Notarization is required to validate the document.
- Specific state guidelines should be followed, particularly in South Carolina.
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FAQ
Child support is not automatic - you must get a court order or establish support through South Carolina's Division of Child Support Services (DCSS).
If the total amount is not paid, the CSSD may attempt to collect the child support in the following ways: File contempt of court proceedings, which may result in a jail sentence if the non-custodial parent is found in contempt of court.
South Carolina has no statute of limitations on collecting child support arrears.
To be an admissible Affidavit, the acknowledgment must be sworn to be true and correct to the best personal knowledge of the affiant. Furthermore, the affiant must declare that the statements contained in the Affidavit are true and correct under penalties of perjury.
Abandonment is defined in Section 63-7-20(1) as willfully deserting a child or willfully surrounding physical possession of a child without making adequate arrangements for child's needs or continuing care of the child.
The only person who can compromise or forgive the amount owed in back support is the person to whom the money is owed. Usually, that is the custodial parent, but in some cases, where the person may have been receiving governmental assistance or benefits, part of the arrears may also be owed to the state.
In general, the family court judge does have the discretion to award retroactive child support, and, as in all family court cases, the best interest of the children is paramount.
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.
