What Happens If a Parent Stops Paying Child Support in South Carolina?

When a parent stops paying court-ordered child support, the impact on the child and the custodial parent can be immediate and serious. Rent, groceries, school expenses, medical care, and childcare costs all depend, in part, on those support payments arriving on time. In South Carolina, child support orders are not suggestions; they are legally enforceable obligations. When a parent falls behind, the law provides several powerful tools to compel payment and address the overdue balance. At Sarji Law Firm in Charleston, our child support attorneys help parents understand their rights, enforce existing orders, and respond appropriately when payments stop.

Child Support Is a Court Order, Not a Private Agreement

Child support in South Carolina is typically established through a court order, either as part of a divorce, custody action, or separate support proceeding. Once the court issues a child support order, both parents are required to follow it. The paying parent cannot simply decide to stop making payments because they disagree with the amount, lose a job, or experience other life changes. If circumstances change significantly, the paying parent must seek a modification rather than unilaterally reducing or stopping payments.

When a parent stops paying, the unpaid support becomes “arrears” or “back child support.” These amounts are still owed, even if the child support order is later modified. The court may enforce these arrears long after they first become due, and interest and penalties can accumulate over time. For this reason, prompt action is important, whether you are the parent who is not receiving support or the parent who has fallen behind and needs to address the problem legally.

Enforcement Options When Child Support Payments Stop

South Carolina courts and child support enforcement agencies have multiple tools available to address nonpayment. The goal is to ensure that the child receives the support they are owed and to bring the paying parent back into compliance with the court order. Depending on the situation, one or several of these enforcement methods may be used at the same time.

Common enforcement tools include the following:

• Income withholding (wage garnishment). The court can order child support to be deducted directly from the paying parent’s paycheck. If payments stop, wage withholding may be initiated or adjusted to ensure consistent collection.
• Interception of tax refunds. When child support arrears reach certain thresholds, state or federal tax refunds may be intercepted and applied toward the unpaid support balance.
• Driver’s license or professional license suspension. Failure to pay court-ordered support can lead to suspension of a driver’s license or professional license until payment arrangements are made.
• Liens against property. The court may place a lien on real estate or other property owned by the non-paying parent to secure the overdue child support.
• Bank account levies. In some situations, funds may be taken directly from a bank account to satisfy child support arrears.
• Contempt of court proceedings. A parent who willfully fails to pay may be held in contempt, which can result in fines or even jail time, particularly when other enforcement efforts have failed.

These enforcement mechanisms underscore the seriousness with which South Carolina treats child support obligations. Parents who are not receiving support should understand that they have options, and parents who are behind on payments should seek legal guidance before enforcement escalates.

What the Custodial Parent Can Do When Payments Stop

If you are the custodial parent and the other parent has stopped paying child support, you should act promptly to protect both your child’s financial stability and your legal rights. The first step is to confirm how the support order is being administered. Some orders are paid through the clerk of court or state child support enforcement, while others involve direct payments between parents. Keeping accurate records of all missed payments is important, including dates, amounts due, and any partial payments received.

Once you have confirmed the nonpayment and documented the missing support, you may consider the following steps:

1. Review the existing child support order to confirm the payment amount and schedule.
2. Gather records of payments received and missed, including bank statements or receipts.
3. Consult with a child support attorney to discuss enforcement options and the best strategy for your situation.
4. Request enforcement through the appropriate court or agency, which may include filing a motion or requesting a contempt hearing.
5. Prepare to provide documentation to show the extent of unpaid support and its impact on your household.

Taking action early can prevent arrears from growing and can help ensure your child receives the support they are entitled to under South Carolina law. An attorney can explain which enforcement tools are likely to be most effective and how to move the case forward efficiently.

What the Paying Parent Should Do If They Cannot Afford Payments

Sometimes a parent stops paying child support not out of unwillingness, but because of a significant change in circumstances, such as job loss, illness, or reduced income. While these situations are very real, they do not excuse nonpayment under the existing court order. Instead, the law expects the paying parent to seek a modification rather than simply letting payments lapse.

If you are a paying parent and you can no longer afford the ordered support amount, you should consider:

• Contacting a family law attorney to review your current order and your financial situation.
• Filing a request for modification as soon as possible, rather than waiting until arrears accumulate.
• Continuing to pay what you reasonably can while the modification request is pending.
• Keeping detailed records of your job search, medical issues, or other circumstances affecting your income.

Courts may adjust child support when there has been a substantial and continuing change in circumstances, but any modification usually takes effect from the date a formal request is filed, not from the date your situation changed. Waiting too long can leave you with a large unpaid balance that the court still expects you to address.

How Sarji Law Firm Can Help With Child Support Problems

Whether you are a parent who is no longer receiving court-ordered child support or a parent who has fallen behind and needs to address the situation legally, professional guidance is essential. Child support enforcement and modification involve detailed procedures, strict deadlines, and significant consequences. At Sarji Law Firm in Charleston, we help custodial parents enforce support orders and pursue overdue payments, and we assist paying parents in seeking fair modifications when circumstances change.

Our team can explain your options, prepare and file the necessary documents, represent you in court hearings, and work to ensure that your child’s needs remain the central focus of the case. We understand the financial and emotional strain that child support disputes can create, and we are committed to providing clear, practical advice tailored to your situation.

If you have questions about unpaid child support, enforcement options, or modifying an existing order in South Carolina, we invite you to reach out to our office. To discuss your case and learn how we can assist you, please call us today or connect with us online so we can help you take the next steps toward a solution that protects your child’s best interests.