Greenville Child Custody Attorney
Child Support Payments Through the Court or Direct Payment?
Should you have your child support payments payable through the court or should your child support payments be made directly to the person receiving the payments?
There are a few things to consider in determining how you should have your child support payment.
South Carolina Child Support Court Fee
When payments are made through the Court, there is an additional 5% fee added to the amount owed. So, if you are paying support, you will pay an additional $5.00 for every $100.00 of support paid. That increases your out-of-pocket costs of child support.
South Carolina Child Support Payment Records
One nice thing about paying through the court is that the court keeps detailed records of what has been paid and how far ahead or behind someone is on child support payments. This takes away from both parties the burden of keeping up with how much was paid and when.
South Carolina Child Support Contempt
When payments are made directly through the court, the clerk of court will usually initiate a contempt action automatically on your behalf when the payor is behind in payments. If you are the one receving payments, this saves you from go to the expense of having to hire an attorney to enforce the child support order.
The answer to the original question can depend on whether or not you are the one receiving the payments or the one making the payments. If you are receiving the payments, it can be easier on you in the long run to have the paymetns made through the court. The payor of the support is the one that pays the 5% fee, the clerk of court usually will automatically file a contempt action to enforce the order, and all records are kept for you.
If you are the payor, you are the one paying the court fee, and the order is generally enforced more easily due to the court's system of initiating contempt actions if you are behind on payments. And, also, when payments are made directly, the recipient sometimes doesn't keep good records of what has been paid and when, making it more difficult to win a contempt action against you. So, if you are paying, you may not want the support payments through the court.
However, when payments are ordered to be paid directly through to the recipient, the judges will usually put a provision in the child support order that allows the recipient to file an affidavit with the court once any payment is more than 5 days late, and the filing of this affidavit will cause all subsequent payments to be made through the court, with the 5% fee added. Therefore, there is always the chance that you will end up paying through the court eventually.
Spartanburg Custody Lawyer
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