South Carolina Affidavit of Arrears

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State:
South Carolina
Control #:
SC-S007ST
Format:
Word; 
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Description

Affidavit of arrears, which will be used to determine how much back child support (arrears) is owed to you. An affidavit is a statement made under oath, and will be used in legal proceedings to determine child support.

A South Carolina Affidavit of Arrears is a legal document used to document past due payments, also referred to as arbitrages, for a loan or other type of debt. It is typically used to demonstrate that a person has fallen behind on their payments, and to provide evidence of the amount owed. The affidavit is notarized and signed by the debtor, and can be used in court to prove the amount of arbitrages owed. There are two types of South Carolina Affidavit of Arrears: the Original Affidavit of Arrears and the Amended Affidavit of Arrears. The Original Affidavit of Arrears is used to document the amount owed from the day the debt was incurred up until the date the affidavit is notarized and signed. The Amended Affidavit of Arrears is used to document any changes in the amount owed after the date the Original Affidavit of Arrears was notarized and signed.

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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.

More info

AFFIDAVIT OF: Plaintiff. Defendant. Attach a TRUE or CERTIFIED copy of any pay records that a court or other collection entity has maintained on payments made pursuant to the support order. 6.To the best of my knowledge,. Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. Child Support Guidelines Affidavit, DR-. Below is a complete list of all Domestic instructions and forms. Confidential Filing of Address, Florida Supreme Court Approved Family Law Form 12.980(h). Instead, file Request for. We use the information on this form to set how much that parent should pay for past-due child support.

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South Carolina Affidavit of Arrears