A South Carolina Order Terminating Child Support is a court document issued by a Family Court in South Carolina to terminate a parent's obligation to make child support payments. This type of order is typically issued when a child reaches the age of majority, graduates from high school, or is otherwise emancipated. The Order Terminating Child Support may also be issued to modify or terminate a previous child support order. There are two types of South Carolina Order Terminating Child Support: an Order of Termination and an Order of Modification. An Order of Termination is an order that terminates the parent's obligation to make child support payments. An Order of Modification is an order that modifies an existing child support order.
South Carolina Order Terminating Child Support
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Order Terminating Child Support
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If you have a child support order through the Department of Social Services, both you and the other parent can request a review of the order every three years. However, child support is sometimes ordered through the South Carolina Department of Social Services (DSS) Child Support Division.
South Carolina has no statute of limitations on collecting child support arrears. If you owe money, the state or your ex can continue pursuing you for it even after your child emancipates and you no longer owe current support.
You may stop paying child support when you receive a signed order from a family court judge ending your responsibility to pay child support. You can request to stop your child support payments because your child is emancipated (e.g., your child has turned 18, is married, becomes self-supporting, etc.).
Child support arrears cannot be forgiven or waived. There are a few things that you can do to help you through: Double check with the state to make sure the arrears are a correct amount. If your child lived with you when the pay back is referencing, then you can lessen the child support payment.
There is simply no mechanism in South Carolina law that allows for a parent to terminate his or her own rights to a child. Termination actions must be with the consent of both parents, or must be initiated by the custodial parent or by DSS (with some minor exceptions).
With the approval of the court, the parties have the right to compromise and settle child support arrears owed directly to the person owed support (family-owed arrears). State-owed debt cannot be forgiven.
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.
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When child support is no longer needed, a parent may need to petition to have the child support order officially terminated. The non-custodial parent is responsible for bringing forward the paperwork to terminate child support to get a court order to have the payments stopped.In order to terminate child support, you would need to file the correct paperwork with the local county office. The petitioner may file a "violation petition" asking the court to take action against a respondent who fails to pay a support order. You will be asked to complete a written request form which includes providing information about you and the other parent. Most states terminate child support obligations when a child reaches age of majority or graduates from high school. Most states terminate child support obligations when a child reaches age of majority or graduates from high school. You must file a Motion to terminate child support and a Notice of Motion with the Clerk of the Circuit Court and then appear in front of a judge. To do this, you or an attorney will need to file a Motion to Terminate Withholding for Child Support in the court that issued the original family court orders. However, either parent can petition to end the child support order with the court.