Federal and state laws require employers to honor income withholding orders.
A parent's income from other sources, such as unemployment benefits, Social Security benefits, independent contracting, workers' compensation claims, and insurance claims are also subject to income withholding. If the amount of past-due support arrearages reaches a certain level threshold , both federal and state tax refunds can be intercepted to pay support.
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For both state and federal tax refund offset, the person who owes the support receives a notice explaining his or her right to object to the tax refund offset and reasons to object. In a joint tax return, a spouse may make a claim to retain his or her portion of the refund. This is called a show cause hearing. If the person ordered to appear at a show cause hearing does not show up, the court may order a variety of enforcement actions, including issuing a bench warrant for the arrest of the person who did not show up for the show cause hearing.
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Driver's licenses, recreational or sporting licenses hunting, fishing, etc. If a parent is behind more than two months in payments, he or she is automatically reported to a consumer credit reporting agency.
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Enforcement of medical support is done through the National Medical Support Notice for employer-provided insurance or through any of the other enforcement methods listed if cash payments are required. A judge may order a surcharge be added to a case that has arrearages.
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If a surcharge is ordered, it will be added to the case every January 1st and July 1st and become a part of the total amount of support owed. The Friend of the Court can refer the case to the county prosecutor, who may charge the person who owes support with the crime of felony non-support. In some counties, the case may be referred to the Attorney General for criminal prosecution of felony non-support. Felony non-support charges are generally issued after other child support collection methods have not been successful. Walter Scott had four children, two in the early s outside of marriage, and two in the late s with a woman to whom he was married.
The marriage crumbled when one of the children was still a toddler, and Lisa Scott, his estranged wife, began writing letters to family court asking for help.
Scott said that he had fallen behind when the checks he sent to a state agency for his ex-wife were mistakenly directed to the mother of his first children. The South Carolina Department of Social Services, citing privacy laws, said it could not verify his account. In , Mr. Scott reunited with his family, turned himself in for the unpaid child support and served another five months in jail. Still, Charleston County Family Court records show that he remained in a cycle of unpaid child support debt, stints in jail and more threats of time behind bars.
The records also show that when Mr.
The money came from his parents, Mr. Rodney Scott said his brother resented that his ex-wife was not required to work and that the pressure was always on him to pay support. Critics of the child support system say this imbalance is reflected in rules that say that if a mother receives public assistance, the father must pay it back, even if he is also poor.
In many cases, though not in Mr. Lisa Scott could not be reached at addresses or phone numbers listed in her name. Samantha Scott, a daughter from Mr.
He has two children, 4 and 8, and said he had agreed to court-ordered child support because he had been told that it was a requirement for their mother to receive Medicaid. The two have since broken up and share custody of the younger child, but he is still required to pay support for both.
Holmes said he did not realize that if he fell behind on payments, he would face jail. I see myself trying to get out of that situation. Rodney Scott said that he sometimes thought his brother did not do everything he could to catch up, but that Walter seemed to consider it a hopeless cause. He recalled seeing his brother plead to a judge that he just did not make enough money. Scott said.
What Is a Bench Warrant and Can I Drop It Without Going to Jail?
You figure it out. Skip Child Support. Go to Jail.
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