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Indicates Matter Stricken
Indicates New Matter
Sponsors: Reps. Henderson and W. Newton
Document Path: l:\council\bills\cc\15110vr17.docx
Introduced in the House on March 1, 2017
Currently residing in the House Committee on Judiciary
Summary: Uniform Interstate Family Support Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/1/2017 House Introduced and read first time (House Journal-page 4) 3/1/2017 House Referred to Committee on Judiciary (House Journal-page 4)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTIONS 63-17-3010, 63-17-3810, BOTH AS AMENDED, AND 63-17-3935, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "UNIFORM INTERSTATE FAMILY SUPPORT ACT", SO AS TO MAKE TECHNICAL CORRECTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 63-17-3010(A)(2) and (B) of the 1976 Code, as last amended by Act 33 of 2015, is further amended to read:
"(2) the individual submits to the jurisdiction of this State by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(B) The bases of personal jurisdiction set forth in subsection (A) or in any other law of this State may not be used to acquire personal jurisdiction for a tribunal of this State to modify a child-support order of another state unless the requirements of Section 63-17-3830
or 63-17-3870 are met, or in the case of a foreign support order, unless the requirements of Section 63-17-3870 are met."
SECTION 2. Section 63-17-3810 of the 1976 Code, as last amended by Act 33 of 2015, is further amended to read:
"Section 63-17-3810. A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this State in the same manner provided in
subpart subparts 1 and 2 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification."
SECTION 3. Section 63-17-3935(B) of the 1976 Code, as added by Act 33 of 2015, is amended to read:
"(B) Notwithstanding Sections 63-17-3320 and 63-17-3620(A), a request for registration of a convention support order must be accompanied by:
(1) a complete text of the support order;
(2) a record stating that the support order is enforceable in the issuing country;
(3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) a record showing the amount of arrears, if any, and the date the amount was calculated;
(5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country."
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on March 3, 2017 at 12:41 PM