Child Support Enforcement in South Carolina

Learn how to get help collecting child support in South Carolina, and what can happen to parents who don't pay court-ordered support.

By , Attorney Brigham Young University J. Reuben Clark Law School
Updated by E.A. Gjelten, Legal Editor
Updated 1/13/2025

If you have a child support order from South Carolina but are having trouble collecting the money you're owed, you can get help from the state's courts and agencies. Read on to learn how South Carolina enforces child support, as well as what can happen to parents who don't make support payments on time—or simply refuse to pay.

Collecting Child Support Through Income Withholding

The most effective way to collect child support is through income withholding. That way, the payments are automatically taken out of any regular income received by the parent who owes support (usually the noncustodial parent). In this context, income includes:

  • wages, salaries, commissions, and bonuses
  • compensation for work as an independent contractor
  • unemployment, workers' compensation, and disability benefits
  • interest payments, and
  • annuities and retirement benefits.

Under South Carolina law, all child support orders must include income withholding orders unless there's a good reason not to require it, or the parents have agreed to another payment arrangement. (S.C. Code §§ 63-17-1410(4), 63-17-1420 (2025).)

The money from income withholding will be forwarded to the State Disbursement Unit, which will then pay the recipient parent. Parents can receive child support payments by direct deposit to their bank accounts or to a prepaid debit card.

Getting Help From South Carolina's Child Support Services

Like all U.S. states, South Carolina has an agency that helps enforce child support orders: the Child Support Services Division (CSSD) of the State Department of Social Services. After you apply for services, the agency will first make sure that you have a valid child support order and, if necessary, will try to locate the other parent. Then it will take appropriate steps to collect the overdue support (more on those steps below).

What Can Happen to Parents Who Don't Pay Child Support?

Depending on how much a parent owes in back child support (known as "arrearages"), the CSSD has several methods for enforcing support orders, including:

  • getting an income withholding order to collect the arrearages as well as the current payments
  • reporting the debt to credit bureaus, which could hurt the delinquent parent's credit rating
  • intercepting the delinquent parent's federal and state tax refunds and applying the money to the child support arrearages
  • having the delinquent parent's passport and state-issued licenses (such as a driver's license, occupational/professional license, or business license) revoked or suspended until the arrearages are paid off
  • placing liens on assets owned by the parent (including bank accounts, a car, or real estate), which means those assets could be seized, and
  • filing a court proceeding to have the parent found in contempt (more on that below).

Enforcing Child Support in Court

You always have the option of going directly to family court to enforce child support through contempt proceedings. You'll need to file a "rule to show cause" (along with an affidavit and supporting documents) to have your co-parent found in contempt of court for willfully disobeying the child support order. You must also arrange to have the paperwork served on the other parent by a sheriff, sheriff's deputy, or another adult who isn't part of your case.

However, you won't need to handle these steps yourself if your child support order requires payments to be made through the court or the CSSD. The court clerk or agency will regularly check the account, and they'll issue the rule to show cause and affidavit if payments are at least five working days late.

Either way, there will be a court hearing on the enforcement request. Both parents must appear and may present evidence. For example, delinquent parents may have evidence showing that their failure to pay support wasn't willful, because they couldn't pay.

When a parent is found in contempt, it's up to the judge to decide on any penalties, which may include a fine of up to $1,500, up to 300 hours of community service, or even up to a year in jail. Parents who are jailed for contempt can often "purge" the contempt and get out of jail if they pay the overdue support.

(S.C. Rules of Fam. Ct., rule 14, rule 24; S.C. Code §§ 63-3-620, 63-17-370, 63-17-390 (2025).)

Can You Be Jailed for Not Paying Child Support?

In addition to possible jail time for contempt of court (discussed above), deadbeat parents can be charged with a misdemeanor if they‘re able to earn a living and don't have a good reason for failing to provide reasonable support for their dependent children. The penalty is up to a year in jail, a fine of between $300 and $1,500, or both. However, a judge may instead require the parent to make monthly payments and post a bond as security for the child support debt. (S.C. Code §§ 63-5-20, 63-17-430 (2025).)

In extreme cases when all other collection efforts have failed, federal prosecutors may also charge deadbeat parents with a federal crime if they:

  • live in a different state than the child or travel to another state to avoid paying support, and
  • owe at least $5,000 in arrears or haven't paid support in more than a year.

Here again, penalties for a conviction include imprisonment, a fine, or both. (18 U.S.C. § 228 (2025).)

When Do You Need a Lawyer's Help With Overdue Child Support?

Most South Carolina parents who are having trouble collecting child support can get the help they need from the CSSD (as discussed above). If you're thinking of going directly to court to enforce your child support order, it's a good idea to consult with a lawyer. An experienced family law attorney will know how to navigate court procedures and prepare the right kind of evidence that you'll need. If you're worried about the cost, it may help to know that if your co-parent is found in contempt, the judge may order them to pay your attorney's fees. (Poston v. Poston, 502 S.E.2d 86 (S.C. 1998).)

If you're the one who owes child support and are having trouble paying, you need to act quickly rather than ignoring the problem. You can contact the regional CSSD office to see if they'll help you set up a payment plan or review your order to see if you may qualify for a modification of the child support amount based on a change of circumstances (such as when you've lost your job). But if you're already facing enforcement proceedings in court, you should strongly consider contacting a family law attorney or a legal aid attorney who can help you prepare the best defense possible.

Considering Divorce?
Talk to a Divorce attorney.
We've helped 85 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please enter a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Please enter a valid Case Description
Description is required
How It Works
  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you