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How do i get my ex to pay the remainder of his child support that can't be taken from check?

Myrtle Beach, SC |

I was told that only a percentage of the child support can be taken from my ex's check each week and that he is responsible for paying the remainder of it each week. I explained this to him and the courts did to, but he still isn't paying it. How do i get someone to do something about it?

Attorney Answers 1

Posted

I am not licensed in SC, so my advice should be considered in that light.

Typically, if you have a court order for child support, and the person ordered to pay it is not doing so, then you would have to go back to court for the non-paying ex-spouse to show cause why the payments are not being made in compliance with the court's order (it's an Order to Show Cause) -- See http://en.wikipedia.org/wiki/Order_to_show_cause.

You can go the lawyer that handled your divorce, if he or she is available, or you can look for a new local lawyer. You can try the South Carolina Bar Association for either a referral or for a free or low cost legal clinic -- http://scbar.org/PublicServices.aspx

You may also want to consider calling the Horry County Family Court for suggestions (they will not give you legal advice, but may guide you in the filing of paperwork or provide other useful information).

Good luck!

This answer or response should not be considered legal advice, and does not create an attorney-client relationship. If you have further questions, I would be glad to discuss your situation further. I can be reached at US - (801) 746-6300, or online at -- http://www.lewishansen.com/attorneys/robinson.html

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Posted

I'm not an attorney but I can speak from experience. In Washington State they cannot exceed 45% of the paycheck when garnishing child support without the permission of the paying parent. They encourage the parent to pay more to get the arrears down but cannot force the issue. There are other ways they deal with arrears by reporting it to the State Department and the IRS, but as long as the parent is making payments they are pretty safe.

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