Current Status Bill Number:3105 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Shissias All Sponsors:Shissias, Cromer, Allison, Kelley, Stuart Drafted Document Number:BBM\9712AC.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Child support orders
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950110 Introduced, read first time, 25 HJ
referred to Committee
House 19941214 Prefiled, referred to Committee 25 HJ
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TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE STATE DEPARTMENT OF SOCIAL SERVICES CONCERNING THE STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A CLERK OF COURT SHALL RECOGNIZE AN ASSIGNMENT OF THE RIGHTS TO CHILD SUPPORT UPON NOTICE OF THE ASSIGNMENT AND WITHOUT THE REQUIREMENT OF AN ORDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 43-5-590(a)(ii) of the 1976 Code, as last amended by Act 336 of 1990, is further amended to read:
"(ii) assign to the State the rights to support from any other person the applicant may have in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid and which have accrued at the time the assignment is executed or which may accrue in the future. By accepting public assistance for or on behalf of a child or children, by making application for services under Title IV-D, or through placement of a child or children in state-funded foster care or under Title IV-E, except where good cause as determined by the agency exists, the recipient or applicant is considered to have made an assignment to the State Department of Social Services of rights, title, and interest to a support obligation which is owed for the child or children or for the absent parent's spouse or former spouse who is the recipient or the applicant with whom the child is living, if and to the extent that a spousal support obligation has been established, and the child and the child support obligation is being enforced pursuant to Title IV-D of the federal Social Security Act. The assignment to the department is considered to have been made up to the amount of public assistance money or foster care board payments paid for or on behalf of the child or children for that period of time as the public assistance monies or foster care board payments are paid. The assignment consists of all rights and interest in a support obligation that the recipient may be owed past, present, or future by a person up to the amount of public assistance money paid to the recipient for or on behalf of the minor child or children or a child in foster care. The department is subrogated to the rights of the child or children or the person having custody of the child or children to collect and receive all support payments. The department has the right to initiate a support action in its own name or in the name of the recipient to recover payments ordered by the courts of this or any other state or to obtain a court order to initiate these payments including an action to determine the paternity of a child. The Upon notice from the department and without the requirement of an order, the clerk of court shall execute the necessary order recognize the assignment, substituting the department and changing the payee of the support to the department upon receipt by the clerk of the notice of assignment."
SECTION 2. This act takes effect upon approval by the Governor.