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.
South Carolina Affidavit of Arrears
Description
Definition and meaning
The South Carolina Affidavit of Arrears is a legal document used in family court to declare the amount of unpaid child support owed by an obligor. This affidavit serves to provide a clear account of the arrears accumulated over time, ensuring all parties understand their financial obligations. It is essential for individuals seeking to collect overdue payments through legal channels.
How to complete a form
Completing the South Carolina Affidavit of Arrears requires careful attention to detail. Follow these steps:
- Begin with your name and the name of the obligor.
- Clearly state the total amount of support owed and the dates for which payments are due.
- Calculate amounts for each month separately, without maintaining a running balance.
- Include any medical or dental expenses if applicable, and attach relevant documentation.
- Make sure the affidavit is notarized and signed before submission.
Who should use this form
This affidavit is primarily used by custodial parents or legal guardians who are owed child support payments. Individuals seeking to formally record arrears and initiate legal proceedings for recovery can benefit from this document. If you are a parent or guardian facing non-payment of child support, this form is necessary to assert your rights in court.
Legal use and context
The South Carolina Affidavit of Arrears is utilized in family court cases related to child support. It is important for demonstrating how much support is owed and can be crucial in legal proceedings for collecting payments. This document can be part of a larger case concerning custody or visitation rights, making it vital for the custodial parent’s financial security.
Common mistakes to avoid when using this form
When filling out the South Carolina Affidavit of Arrears, be mindful of the following pitfalls:
- Failing to calculate amounts due for each month separately.
- Not attaching supporting documents like medical bills or payment records.
- Neglecting to have the affidavit notarized, which can invalidate the submission.
- Rounding amounts inaccurately, leading to discrepancies in the totals.
Key components of the form
The South Carolina Affidavit of Arrears includes essential information necessary for its effectiveness. Key components include:
- Name of the affiant (the person completing the form).
- Details of the obligor (the person required to pay support).
- Exact amounts owed for each month and any extra medical or dental expenses.
- Space for notarization and signatures, confirming the affidavit's authenticity.
How to fill out South Carolina Affidavit Of Arrears?
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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.