How Long Child Support Arrears Last: Collection Limits, Back Support and Forgiveness in South Carolina
South Carolina child support that already accrued cannot be modified, and a recorded arrearage is a judgment whose lien is not dischargeable in bankruptcy. We found no limitation period in the sections we read.
Can South Carolina child support arrears be changed?
Not for periods that already accrued: only payments accruing after the modification may be modified (S.C. Code 63-17-830(C)).
| Question | South Carolina rule |
|---|---|
| Changing accrued support | Only payments accruing after the modification may be modified (63-17-830(C)) |
| Interest | Judgment rate, prime plus four points (34-31-20(B)) |
| Judgment | A recorded arrearage has the force of a judgment; the lien is not dischargeable in bankruptcy (63-17-1600) |
| Time limit to collect | We found none in the sections we read; ask an attorney |
| Arrears after support ends | No arrearage accrues after the terminating date, but arrears already owed stay (63-3-530(A)(17)) |
| Withholding | May end only when there is no current order and all arrears are paid (63-17-1470) |
Do child support arrears expire in South Carolina?
We found no limitation period for unpaid support in the sections we read, and we are not stating one. A recorded arrearage has the force of a judgment (63-17-1600), and a lien does not terminate except as the statute provides (63-17-2710). Ask a licensed South Carolina attorney how long a judgment can be enforced.
Is the lien dischargeable in bankruptcy?
A lien imposed on a recorded arrearage is not dischargeable in bankruptcy (63-17-1600). Ask a licensed bankruptcy attorney about the rest of the debt.
Can the state agency take property?
After the 30-day notice period, the division may levy on all property of an obligor with a perfected lien, and anyone in possession of such property must surrender it on demand (63-17-2740). Financial institutions must encumber or surrender accounts.
Can I settle the arrears for less?
The division can negotiate a payment schedule for an arrearage and must do so on a licensee’s request; the agreement is filed with the family court (63-17-1060). The sections we read do not describe forgiving principal, so ask the court before relying on a private deal.
When can withholding end?
An obligor may petition the court at any time to end withholding if there is no longer a current support order and all arrearages are paid, or if the obligor requests it and meets the conditions for an alternative arrangement (63-17-1470(B)).
Do arrears survive when the child turns 18?
Yes. No arrearage may accrue after the date support ends, but what already accrued stays owed (63-3-530(A)(17)). See the South Carolina child support end date calculator.
Who files the lien notice?
The division files notice of the lien with the register of deeds in each county where you own real property and notes your Social Security number on it (63-17-2730). Ask for the filing receipts when you pay.
Can a lien be released?
The sections we read say a child support lien does not terminate except as the statute provides (63-17-2710). Ask the division for a payoff and a written release when you finish paying.
Does the family court transfer arrears cases?
Yes. Any family court can enforce or modify another court’s support order, so you can ask for a transfer to the county where you live (63-17-320).
What should you do about a large balance?
Get the official balance, compare it with the South Carolina child support arrears calculator, ask for a payment schedule, and if your circumstances changed, file to modify right away.
Frequently asked questions
Can a South Carolina judge reduce past-due child support?
No. Only payments accruing after the modification may be modified.
Do South Carolina child support arrears expire?
We found no limitation period in the sections we read; ask a licensed attorney.
Can South Carolina child support arrears be discharged in bankruptcy?
The lien imposed on a recorded arrearage is not dischargeable in bankruptcy.
When can South Carolina income withholding end?
When there is no current order and all arrears are paid, on petition.
Do South Carolina arrears survive when the child turns 18?
Yes. Installments already owed stay owed.
Official sources
- S.C. Code 34-31-20: legal rate of interest
- SC Lawyers Weekly: child support interest decision
- South Carolina Attorney General opinion on interest on recorded arrearages
- South Carolina Supreme Court order on the judgment interest rate
- S.C. Code Title 63, chapter 17: withholding, liens, licenses
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited South Carolina statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed South Carolina attorney.