How South Carolina Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in South Carolina, wages can be withheld after a one-month delinquency, unpaid support of $1,000 or more becomes a lien, and licenses can be revoked 45 days after notice.
What happens if you don’t pay child support in South Carolina?
A delinquency, meaning an overdue payment of at least one month of support, triggers income withholding, which applies immediately to most orders (S.C. Code 63-17-1410, 1420). A recorded arrearage has the force of a judgment (63-17-1600), and unpaid support of $1,000 or more is a lien (63-17-2710).
How much can South Carolina take from my paycheck?
Federal limits cap withholding at 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
What is in the withholding notice?
The statute requires notice and gives the obligor a chance to stay service; the arrearage may then be recorded in the clerk’s or register’s index where it has the force of a judgment and is cumulative until paid (63-17-1600). Ask the clerk of court for a copy of the notice if you did not get one.
How does the lien work?
The division sends written notice by first-class mail when support unpaid is $1,000 or more, with 30 days to ask for an administrative review (63-17-2720). It files notice of the lien with the register of deeds in counties where you own real property and with the offices that record personal property; after the 30-day notice period it can levy on property, and financial institutions must encumber or surrender accounts (63-17-2730, 2740).
When can a license be revoked?
If you are out of compliance with an order the division enforces, the division notifies you that 45 days after you receive the notice the licensing entity will be told to revoke your license unless you pay the arrearage or sign a consent agreement with a payment schedule (63-17-1030, 1060). Compliance means arrears of no more than $500 and the full support paid for the last two consecutive months (63-17-1020).
What licenses are covered?
Occupational, professional and commercial licenses, driver’s licenses including permits and commercial licenses, hunting, fishing and trapping licenses and watercraft registrations; the authority to practice law is excluded, but willful violation of a support order can be a grievance (63-17-1020).
Does withholding start immediately?
For support orders issued or modified after the dates in the statute, income is subject to immediate withholding from the effective date of the order without waiting for an arrearage, unless the court finds good cause or both parties agree in writing to an alternative arrangement (63-17-1420(A)). Older orders are subject to withholding on a delinquency.
What can I raise at the license review?
Only whether you are the person required to pay under the order and whether you are out of compliance. You can instead ask to negotiate a payment schedule; payments under it are in addition to your ongoing support (63-17-1060).
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport (42 U.S.C. 652(k)). The South Carolina arrears calculator warns when the unpaid principal passes that figure.
What should you do if you owe?
Respond to every notice within its window, ask for a payment schedule, add up the balance in the South Carolina child support arrears calculator and, if your circumstances changed, file to modify right away.
Frequently asked questions
What happens if you don’t pay child support in South Carolina?
Income withholding, a judgment, a lien at $1,000 and license revocation can follow.
How much of my paycheck can South Carolina take for child support?
Federal law limits it to 50% or 60% of disposable earnings, and 55% or 65% for support more than 12 weeks overdue.
How long do I have to respond to a South Carolina license notice?
Forty-five days after receiving the notice.
Can I stop a South Carolina license revocation with a payment plan?
Yes, by paying the arrearage or signing a consent agreement with a payment schedule.
When can the passport of a South Carolina parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
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.