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Bill 340

                    Current Status

Bill Number:                      340
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010215
Primary Sponsor:                  Glover
All Sponsors:                     Glover, Anderson and Pinckney
Drafted Document Number:          l:\council\bills\nbd\11250ac01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Child support enforcement, noncustodial 
                                  parent not incarcerated when making effort to 
                                  pay; Minors, Domestic Relations


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010215  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 20-7-852, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT AWARDS, SO AS TO ADD FACTORS THAT MUST BE CONSIDERED BY THE COURT AS REASONS FOR DEVIATION FROM THE CHILD SUPPORT GUIDELINES OR MAY BE USED IN DETERMINING WHETHER A CHANGE IN CIRCUMSTANCES HAS OCCURRED REQUIRING MODIFICATION OF AN EXISTING ORDER; AND TO PROHIBIT THE INCARCERATION OF A NONCUSTODIAL PARENT WHO HAS MADE REASONABLE EFFORTS TO COMPLY WITH A SUPPORT ORDER.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 20-7-852(C) of the 1976 Code, as last amended by Act 102 of 1995, is further amended by adding at the end:

"(14) permanent or temporary loss of employment by the noncustodial parent if notice of the termination is received by the court within ten working days of the termination;

(15) permanent or temporary disability of the noncustodial parent if notice of such disability is received by the court within ten working days of the diagnosis being made by the treating physician;

(16) circumstances beyond the control of the noncustodial parent which have made full payment of the support obligation impracticable and the noncustodial parent has paid at least fifty percent of the monthly support obligation each month before providing notice to the court of these circumstances and documentation of the circumstances and of the partial payments. The notice to the court must be made within a reasonable time after the occurrence of the events affecting the noncustodial parent's ability to pay. The noncustodial parent must notify the court and resume full payments immediately upon resolution of the circumstances which adversely affect his ability to pay at which time the court may assess a reasonable surcharge on the monthly payments to alleviate any arrearage created by the partial payments;

(17) the net income of the noncustodial parent."

SECTION 2. Section 20-7-852 of the 1976 Code, as last amended by Act 102 of 1995, is further amended by adding:

"(E) Notwithstanding any other provision of law, the court may not incarcerate a noncustodial parent who is gainfully employed or making reasonable efforts to find gainful employment and can demonstrate through credible evidence that reasonable efforts have been made to comply with a support order. Credible evidence of reasonable efforts to comply with a support order includes, but is not limited to, notice providing proof of payment of at least fifty percent of the monthly support obligation for each month preceding the date this notice is submitted to the court by the noncustodial parent of the circumstances which make maintaining full payment impracticable."

SECTION 3. This act takes effect July 1, 2001.

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