Dad plans to quit his job

[sudofdisk]

What is the name of your state (only U.S. law)? Complicated:
Dad lives in NY
Mom lives in CO
Support order is out of FLA
Dad is moving to SC

Dad has made it known that later this year he plans to quit his job, stop making any kind of child support payments and move in with his girlfriend in SC. Since she will be supporting him while he goes back to school there will be no pay checks to garnish. He was reminded of the fact that quitting his job does not mean he is absolved of his responsibility to assist in the financial support of his children but he feels that he can just let arrears accrue and take care of it later.

What states child support enforcement would be the appropriate jurisdiction for this when it occurs? What needs to be done to engage child support enforcement if this indeed happens?

 

[CONative]

If FL ordered the child support, they still have the oversight even though neither parent lives in that state anymore. You should contact the child support enforcement agency in FL where the order was entered.

Dad may not be concerned about the arrears stacking up, but he stands to lose his driver's license if he chooses not to pay the arrears until later... You're right, he isn't free to just stop paying simply because he chooses to.

 

[Gracie3787]

What is the name of your state (only U.S. law)? Complicated:
Dad lives in NY
Mom lives in CO
Support order is out of FLA
Dad is moving to SC

Dad has made it known that later this year he plans to quit his job, stop making any kind of child support payments and move in with his girlfriend in SC. Since she will be supporting him while he goes back to school there will be no pay checks to garnish. He was reminded of the fact that quitting his job does not mean he is absolved of his responsibility to assist in the financial support of his children but he feels that he can just let arrears accrue and take care of it later.

What states child support enforcement would be the appropriate jurisdiction for this when it occurs? What needs to be done to engage child support enforcement if this indeed happens?

FL will contact SC for enforcement. Once Dad has lived in SC long enough the order can be registered in SC for better enforcement. However, please keep in mind that SC does have a SOL on CS arrears, while FL does not.

 

[jumac]

If SC has a SOL on arrears then who wants to place money on that being what dad is counting on happing. IE he moves there stops paying and is banking on the SOL running out and not having to pay a thing back.

 

[EnforceSupport]

FL will contact SC for enforcement. Once Dad has lived in SC long enough the order can be registered in SC for better enforcement. However, please keep in mind that SC does have a SOL on CS arrears, while FL does not.

Gracie, I do not believe that SC has a statute of limitations as to enforcing past due child support.

Further, even if SC did have a SOL and a FL order were sought to be registered there, under UIFSA, the longer of the SOLs between the issuing state (FL) and the responding state (SC), would apply.

However, my understanding is that Laches continues to be a viable defense in SC which means, don't sit on your rights. Remain diligent.

 

[Gracie3787]

Gracie, I do not believe that SC has a statute of limitations as to enforcing past due child support.

Further, even if SC did have a SOL and a FL order were sought to be registered there, under UIFSA, the longer of the SOLs between the issuing state (FL) and the responding state (SC), would apply.

However, my understanding is that Laches continues to be a viable defense in SC which means, don't sit on your rights. Remain diligent.

The SC law may have recently changed but this is the site that I based my answer on, especially since I know of a NCP who owed arrears in SC but they could not be collected due to the SOL.

SupportGuidelines.com | Article: UIFSA and Statutes of Limitations


South Carolina - S.C. Code Ann. § 15-3-600; cf. 335 S.C. 477, 517 S.E.2d 235 (Ct. App. 1999) ...10 years from date each installment becomes due

I had forgotten though that the longer SOL applies in interstate cases, so in OP's situation the SC SOL wouldn't apply.

 

[GinAA]

Since dad states that he will be attending school when he moves, would his financial aid or government grants be attached and portions go to paying the child support, like tax refunds and unemployment?

 

[EnforceSupport]

The SC law may have recently changed but this is the site that I based my answer on, especially since I know of a NCP who owed arrears in SC but they could not be collected due to the SOL.

SupportGuidelines.com | Article: UIFSA and Statutes of Limitations


South Carolina - S.C. Code Ann. § 15-3-600; cf. 335 S.C. 477, 517 S.E.2d 235 (Ct. App. 1999) ...10 years from date each installment becomes due

I had forgotten though that the longer SOL applies in interstate cases, so in OP's situation the SC SOL wouldn't apply.

Gracie,

I reviewed the authority you cited based on a website and attorney Laura Morgan, who, by viewing her CV anyway, has great credentials. Nonetheless, I believe the case she cited Abba Equip., Inc. v. Thomason, 335 S.C. 477 (and which you re-cited), has nothing at all to do with child nor spousal support. Further, the SC law which that case interprets, namely, SC 15-35-900, also has nothing to do with support. In fact, the following section, § 15-35-910, provides the following:

"As used in this article, unless the context requires otherwise:

(1) "Foreign judgment" means a judgment, decree, or order of a court of the United States or a court of another state which is entitled to full faith and credit in this State, except any orders as defined in Section 63-17-2910 (the Uniform Interstate Family Support Act) or a "custody decree", as defined in Section 63-15-302 (the Uniform Child Custody Jurisdiction Act)."

UIFSA is found at SC 63-17-3730. Now, I'm stopping short of actually finding the statutes or cases re statute of limitations on support because as I stated earlier, it doesn't matter because it's the longer of the two states. As to Ms. Morgan's cite to Abba Equiq., I can't explain it. To suggest it would apply to support cases, I think, is a real stretch. In fact, I Shepardized it and no SC cases have ever used it regarding support. (It is good law for non-support, just hasn't ever been used for support cases.) I think Ms. Morgan was in error to use it, but, I'm no expert in SC law.

Anyway, I'll stand by my internet searches which reflect NO SOL in SC, and, its irrelevant anyway because FL has no SOL.