In any divorce or separation, the financial well-being of the children involved is of paramount importance. Child support payments are a legal obligation that ensures a child’s needs are met, even when their parents are no longer together. Unfortunately, there are instances when a parent refuses to follow the child support guidelines set forth in a case, creating difficulties for the custodial parent and, ultimately, the children.

If you find yourself facing such a situation in Charleston, SC, the child support attorney team at Lamantia Law Firm is here to guide you through the necessary steps to address non-payment of child support.

Understanding Child Support Laws in South Carolina

Before taking any action, it’s crucial to have a clear understanding of child support laws in South Carolina. The state has specific guidelines that determine how much child support a non-custodial parent is required to pay the parent with primary custody based on factors like income, number of children, and parenting time. Familiarize yourself with these laws to have a strong foundation for addressing non-payment issues in family court.

Open Communication

Communication is key when dealing with a parent who is refusing to honor their court ordered child support awards. In some cases, the non-payment might be due to genuine financial hardship. Initiating an open and respectful conversation with the other parent can help clarify the situation. Remember, emotions can run high during such discussions, so it’s best to maintain a calm and rational tone–especially when in front of a family court judge.

Document Everything

Keep meticulous records of all communication, financial transactions, and other relevant interactions related to child support. This includes text messages, emails, bank statements, and any agreements made. These records can serve as vital evidence if you need to take legal action.

Contact the South Carolina Department of Social Services (DSS)

If informal communication doesn’t yield results, you can contact the South Carolina Department of Social Services (DSS). They can assist in enforcing child support orders and collecting payments. DSS has the authority to employ various methods, such as wage garnishment, intercepting tax refunds, and reporting delinquent parents to credit bureaus.

Seek Legal Assistance

When dealing with a parent who refuses to pay child support, it’s wise to consult with an experienced family law attorney. The Lamantia Law Firm specializes in family law matters and can provide tailored advice based on your unique situation. An attorney can help you understand your rights, explore legal options, and guide you through the legal process if enforcement measures become necessary.

File a Contempt of Court Motion

If all else fails, filing a contempt of court motion might be necessary. If there’s a court order in place for child support in accordance with South Carolina law and the non-custodial parent is willfully disobeying it, the court can hold them in contempt. This could result in penalties such as fines, wage garnishment, or even imprisonment.

Entrust a Lamantia Child Support Lawyer Charleston, SC

Dealing with a parent who refuses to pay child support is undoubtedly a challenging situation. However, by staying informed about South Carolina’s child support laws, maintaining open communication, documenting everything, seeking assistance from the DSS and child support lawyers, you can take steps to ensure your children’s well-being is prioritized.

Lamantia Law Firm’s child support attorneys are dedicated to supporting Charleston, SC residents through these difficult situations, providing expert guidance and legal representation to safeguard your children’s future. Contact us today to get started.