Child Support Order: When Child Support Isn’t Paid

Posted by Leslie SarjiNov 14, 20140 Comments

Child support is a financial obligation usually placed on a non-custodial parent to provide a certain amount of monetary support to the custodial parent, which is to be used for the benefit of a child. In 2013, the average amount of child support paid each month was between $250 and $300, amounting to more than $250 million of child support being collected in South Carolina.

However, there are many times where non-custodial parents fail to comply with their child support obligation. When child support is not paid, it can place a burden on the custodial parent, and deprives the child of financial support. Fortunately, there are special state and federal laws that give power to the South Carolina Family Court, as well as the Integrated Child Support Services Division (ICSSD) of the Department of Social Services, that provide those who are owed child support payments with a legal remedy.

What Is the ICSSD?

Those who are owed child support can seek help from the South Carolina ICSSD. the ICSSD is a state-run department that helps custodial parents get the child support that they are owed from their child's non-custodial parent. Once the ICSSD accepts a case, the ICSSD will take steps to identify the appropriate remedy based on the circumstances that exist in the case.

What Kind of Remedies Are Available?

Once a child support order is issued for your case, child support can be obtained from the non-custodial parent in a variety of ways. A few of the most common methods used include:

  1. Withholdings . Money can be withheld from the non-custodial parent's wages and earnings, which is then paid to the custodial parent as child support. This is sometime referred to as garnishment of wages.
  2. Tax Refund Offsets . Like withholdings, a non-custodial parent's state and federal tax refunds can be intercepted and used to pay for overdue child support. Federal tax refund offset can be an appropriate form of remedy if the amount owed is more than $150 in cases where the custodial parent is a recipient of Temporary Assistance for Needy Families, and more than $500 otherwise. Similarly, state tax refund offset is appropriate when more than $100 worth of child support is owed to the custodial parent.
  3. Other Financial Intercepts . There are a number of other government issued benefit payments that can be intercepted and used to repay child support obligations. Benefits that are subject to interception include:
    1. Federal salary payments
    2. Social Security benefits
    3. Veterans' benefits
    4. Railroad retirement benefits
    5. Unemployment benefits
    6. Other special federally provided payments under other administrative programs (federally provided education benefits, payments from the IRS, etc.)
  4. Liens . When the amount owe for back child support exceeds $1,000, liens can be used to try and recoup that money. Real property, personal property, intangible property, bank accounts, insurance claims, workers' compensation payments, settlements and court awards can all be subjected to liens.

Contacting a Charleston Child Support Attorney

Children need to be provided for financially. If you are owed back child support payments and need help getting the child support you deserve from the non-custodial parent of your child, please contact the experienced Charleston family lawyers at Sarji Law Firm, LLC today. Our team of lawyers are well-versed in the area of child support and can help you obtain what you are owed. Please get in touch with us by calling 843-323-4341.

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