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Bill 3865

                    Current Status

Bill Number:                      3865
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010403
Primary Sponsor:                  McGee
All Sponsors:                     McGee, G.M. Smith, Simrill, Robinson, 
                                  J. Young, Lucas and Coates
Drafted Document Number:          l:\council\bills\skb\18340som01.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Child support, delinquent; unlawful for 
                                  private enforcement agency to collect for a 
                                  fee; Minors, Courts, Family


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20010403  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND SUBARTICLE 3, ARTICLE 9, CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT, BY ADDING SECTION 20-7-845 SO AS TO PROVIDE THAT IT IS UNLAWFUL IN THIS STATE FOR A PRIVATE CHILD SUPPORT ENFORCEMENT AGENCY TO ENGAGE IN THE BUSINESS OF COLLECTING DELINQUENT CHILD SUPPORT FOR A FEE OR OTHER CONSIDERATION AND TO PROVIDE A DEFINITION OF "PRIVATE CHILD SUPPORT ENFORCEMENT AGENCY"; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO FAMILY COURT JURISDICTION, AND SECTION 20-7-850 RELATING TO SUPPORT ORDERS, BOTH SO AS TO PROVIDE THAT THE JUDGE MUST INFORM THE PARTIES THAT IT IS ILLEGAL IN THIS STATE FOR A PRIVATE CHILD SUPPORT ENFORCEMENT AGENCY TO COLLECT DELINQUENT CHILD SUPPORT FOR A FEE OR OTHER CONSIDERATION.

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

SECTION    1.    The 1976 Code is amended by adding:

    "Section 20-7-845.    (A)    It is unlawful in this State for a private child support enforcement agency to engage in the business of collecting delinquent child support for a fee or other consideration.

    (B)    For purposes of this section, 'private child support enforcement agency' means an individual or nongovernmental entity who engages in the enforcement of child support ordered by a court or other tribunal for a fee or other consideration. The term does not include:

        (1)    an attorney enforcing a child support obligation on behalf of, and in the name of, a client unless the attorney has an employee who is not an attorney and who, on behalf of the attorney, regularly:

            (a)    solicits for child support enforcement; or

            (b)    contacts child support obligees or obligors for the purpose of child support enforcement;

        (2)    the Department of Social Services;

        (3)    a clerk of court; or

        (4)    a contractor awarded a contract to engage in child support enforcement on behalf of a governmental agency including a contractor awarded a contract by a political subdivision of this or another state that is authorized by law to enforce a child support obligation."

SECTION    2.    Section 20-7-420(21) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:

    "(21)    to determine the manner in which sums ordered paid for support shall be paid and applied, either to a person through the court, through the clerk of court, or through a centralized wage withholding system if required by federal statute or regulation. The judge must explain to the parties that it is unlawful in this State for a private child support enforcement agency to engage in the business of collecting delinquent child support for a fee or other consideration."

SECTION    3.    Section 20-7-850 of the 1976 Code is amended to read:

    "Section 20-7-850.    (A) Except where when the circumstances indicate it to be is undesirable, in all cases where an application for support has been made, an effort should be made by the judge shall make an effort to restore harmonious relations between the husband and wife and to adjust the issues raised by the application through conciliation and agreement. Where an agreement for the support of the petitioner is brought about, it must be reduced to writing and submitted to the court for approval. Where possible, the court shall see both parties and shall inquire of each whether the agreement, which he the judge must state to them, is what they have agreed to. If it is, and the court shall approve approves it, the court without further hearing may thereupon enter an order for the support of the petitioner by the respondent in accordance with such the agreement,. which shall be The agreement is binding upon the respondent and shall in all respects be is a valid order as though it had been made after process has been issued out of the court. The court record shall must show that such the order was made upon by agreement of the parties.

    (B)    In addition, before approving the agreement, the judge must explain to the parties that it is unlawful in this State for a private child support enforcement agency to engage in the business of collecting delinquent child support for a fee or other consideration."

SECTION    4.    This act takes effect upon approval by the Governor.

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