H*2560 Session 106 (1985-1986)
H*2560(Rat #0290, Act #0192 of 1985) General Bill, By P. Evatt, D.M. Beasley,
McKay, T.F. Rogers, C.L. Sturkie, J.M. White and Wilkins
Similar(S 337)
A Bill to amend Title 20, Code of Laws of South Carolina, 1976, by adding
Subarticle 6 to Article 9 of Chapter 7, so as to enact the Interstate Income
to Enforce Support Obligations Act.
03/12/85 House Introduced and read first time HJ-1221
03/12/85 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-1221
03/20/85 House Recalled from Committee on Medical, Military,
Public and Municipal Affairs HJ-1498
03/21/85 House Debate adjourned until Tuesday, March 26, 1985 HJ-156
03/26/85 House Debate adjourned HJ-1629
03/26/85 House Debate adjourned HJ-1652
03/27/85 House Debate adjourned HJ-1848
03/28/85 House Debate adjourned HJ-1927
04/01/85 House Debate adjourned HJ-1954
04/02/85 House Debate adjourned HJ-1985
04/03/85 House Debate adjourned until Monday, April 15, 1985 HJ-2033
04/16/85 House Debate adjourned HJ-3513
04/17/85 House Debate adjourned HJ-2534
04/25/85 House Debate adjourned HJ-2707
04/30/85 House Read second time HJ-2742
05/01/85 House Read third time and sent to Senate HJ-2795
05/02/85 Senate Introduced and read first time SJ-1914
05/02/85 Senate Referred to Committee on Judiciary SJ-1914
05/29/85 Senate Committee report: Favorable Judiciary SJ-2343
06/05/85 Senate Read second time SJ-2835
06/05/85 Senate Unanimous consent for third reading on next
legislative day SJ-2836
06/06/85 Senate Read third time and enrolled SJ-2875
06/18/85 Ratified R 290
06/24/85 Signed By Governor
06/24/85 Effective date 06/24/85
06/24/85 Act No. 192
07/10/85 Copies available
(A192, R290, H2560)
AN ACT TO AMEND TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SUBARTICLE 6 TO ARTICLE 9 OF CHAPTER 7, SO AS TO ENACT THE INTERSTATE INCOME TO
ENFORCE SUPPORT OBLIGATIONS ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Purpose of act
SECTION 1. The purpose of this act is to enhance the enforcement of support
obligations by providing a quick and effective procedure for the withholding of
income derived in this jurisdiction to enforce support orders of other
jurisdictions and by requiring that income withholding, to enforce the support
orders of this jurisdiction, be sought in other jurisdictions. This act must be
construed liberally to effect that purpose.
Interstate income withholding to enforce support obligations
SECTION 2. Article 9 of Chapter 7 of Title 20 of the 1976 Code is amended by
adding:
"Subarticle 6
Interstate Income Withholding
to Enforce Support Obligations
Section 20-7-1318. As used in this subarticle:
(1) 'Support order' means any order, decree, or judgment for the support, or
for the payment of arrearages on such support, of a child, spouse, or former
spouse issued by a court or agency of another jurisdiction, whether interlocutory
or final, whether or not prospectively or retroactively modifiable, whether
incidental to a proceeding for divorce, judicial, or legal separation, separate
maintenance, paternity, guardianship, civil protection, or otherwise.
(2) 'Jurisdiction' means any state or political subdivision, territory, or
possession of the United States, the District of Columbia, and the Commonwealth
of Puerto Rico.
(3) 'Court' means the family court of this State and, when the context
requires, means either the court or agency of any other jurisdiction with
functions similar to those defined in this chapter, including the issuance and
enforcement of support orders.
(4) 'Agency' means the clerk of court of this State and, when the context
requires, means either the court or agency of any other jurisdiction with
functions similar to those defined in this chapter, including the issuance and
enforcement of support orders.
(5) 'Child' means any child, whether above or below the age of majority, with
respect to whom a support order exists.
(6) 'Obligor' means any person required to make payments under the term of a
support order for a child, spouse, or former spouse.
(7) 'Obligee' means any person or entity which is entitled to receive support
under an order of support and includes an agency of another jurisdiction to which
a person has assigned his right to support.
(8) 'Income' means any form of payment to an individual as defined in item (4)
of subsection (B) of Section 20-7-1315.
(9) 'Payor' means any payor of income.
(10) 'Income derived in this jurisdiction' means any income, the payor of
which is subject to the jurisdiction of this State for the purpose of imposing
and enforcing income withholding under Section 20-7-1315.
Section 20-7-1319. The remedy provided in this subarticle is in addition to, and
not in substitution for, any other remedy otherwise available to enforce a
support order of another jurisdiction. Relief under this act may not be denied,
delayed, or otherwise affected because of the availability of other remedies, nor
may relief under any other statute be delayed or denied because of the
availability of this remedy.
Section 20-7-1320. On behalf of any obligee for whom the clerk of court is
already providing services, or on application of a resident of this State, an
obligee or obligor of a support order issued by this State, or an agency to whom
the obligee has assigned support rights, the clerk of court shall promptly
request the agency of another jurisdiction in which the obligor of a support
order derives income to enter the order for the purpose of obtaining income
withholding against the income. The clerk of court shall compile and transmit
promptly to the agency of the other jurisdiction all documentation required to
enter a support order for this purpose. The clerk of court also shall transmit
immediately to the agency of the other jurisdiction a certified copy of any
subsequent modifications of the support order. If the clerk of court receives
notice that the obligor is contesting income withholding in another jurisdiction,
it shall immediately notify the individual obligee of the date, time, and place
of the hearings and of the obligee's right to attend.
Section 20-7-1321. (a) Upon receiving a support order of another jurisdiction
with the documentation specified in subsection (b) of
this section from an agency of another jurisdiction an obligee, an obligor, or
an attorney for either, the clerk of court shall enter this order.
(b) The following documentation is required for the entry of a support order
of another jurisdiction:
(1) a certified copy of the support order with all modifications;
(2) a certified copy of an income withholding order, if any, still in
effect;
(3) a copy of the portion of the income withholding statute of the
jurisdiction which issued the support order which states the requirements for
obtaining income withholding under the law of that jurisdiction;
(4) a sworn statement of the obligee or certified statement of the
agency of the arrearages and the assignment of support rights, if any;
(5) a statement of:
(a) the name, address, and social security number of the obligor, if
known;
(b) the name and address of the obligor's employer or of any other
source of income of the obligor derived in this State against which income
withholding is sought;
(c) the name and address of the agency or person to whom support
payments collected by income withholding must be transmitted.
(c) If the documentation received by the clerk of court under subsection (a)
of this section does not conform to the requirements of subsection (b) of this
section, the clerk of court shall remedy any defect which it can without the
assistance of the requesting agency or person. If the clerk of court is unable
to make such corrections, the requesting agency, or person, shall immediately be
notified of the necessary additions or corrections. The clerk of court shall
accept the documentation required by subsections (a) and (b) of this section even
if it is not in the usual form required by state or local rules, so long as the
substantive requirements of these subsections are met.
(d) A support order entered under subsection (a) of this section is
enforceable by income withholding against income derived in this State in the
manner and with the effect as set forth in Sections 20-7-1322 through 20-7-1329
and Section 20-7-1315. Entry of the order does not confer jurisdiction on the
courts of this State for any purpose other than income withholding.
Section 20-7-1322. (a) On the date a support order is entered pursuant to
Section 20-7-1321, the clerk of court shall serve upon the obligor, in accordance
with subsection (C), Section 20-7-1315, a verified notice of delinquency. The
notice shall also advise the obligor that the income withholding was requested
on the basis of a support order of another jurisdiction.
(b) If the obligor seeks a hearing to contest the proposed income withholding
the clerk of court shall immediately notify the requesting agency and the
Department of Social Services when the request for withholding was from an
agency, the obligee, obligor, or an attorney for either of the date, time, and
place of the hearing and of the obligee's right to attend the hearing.
Section 20-7-1323. (a) At any hearing contesting proposed income withholding
based on a support order entered under Section 20-7-1321, the entered order,
accompanying sworn or certified statement, and a certified copy of an order for
withholding, if any, still in effect constitutes prima facie proof, without
further proof or foundation, that the support order is valid, that the amount of
current support payments and arrearages is as stated, and that the obligee is
entitled to income withholding under the law of the jurisdiction which issued the
support order.
(b) Once a prima facie case is established, the grounds that may be raised by
an obligor to contest the withholding are limited to dispute concerning the
identity of the obligor or the existence or amount of the arrearage.
The burden is on the obligor to establish these defenses.
(c) If the obligor presents evidence which constitutes a full or partial
defense, the court shall, on the request of the obligee, continue the case to
permit further evidence relative to the defense to be adduced by either party but
if the obligor acknowledges liability sufficient to entitle the obligee to income
withholding, the court shall require income withholding for the payment of
current support payments under the support order and of so much of any arrearage
as is not in dispute, while continuing the case with respect to those matters
still in dispute. The court shall determine those matters still in dispute as
soon as possible, and if appropriate shall modify the withholding order to
conform to that resolution but may not modify the underlying support order.
(d) In addition to other procedural devices available to a party, any party
to the proceeding or a guardian ad litem or other representative of the child may
adduce testimony of witnesses in another state, including the parties and any of
the children, by deposition, by written discovery, by photographic discovery such
as videotaped depositions, or by personal appearance before the court by
telephone or photographic means. The court on its own motion may direct that the
testimony of a person be taken in another state and may prescribe the manner in
which and the terms upon which the testimony must be taken.
(e) A court of this State may request the appropriate court or agency of
another state to hold a hearing to adduce evidence, to permit a deposition to be
taken before the court or agency, to order a party to produce or give evidence
under other procedures of that state, and to forward to the court of this State
certified copies of the evidence adduced in compliance with the request.
(f) Upon request of a court or agency of another state the family courts of
this State may order a person in this State to appear at a hearing or deposition
before the court to adduce evidence or to produce or give evidence under other
procedures available in this State. A certified copy of the evidence adduced,
such as a transcript or videotape, must be forwarded by the clerk of the court
to the requesting court or agency.
(g) A person within this State may voluntarily testify by statement or
affidavit in this State for use in a proceeding to obtain income withholding
outside this State.
Section 20-7-1324. If the obligor does not request a hearing in the time
provided, or if a hearing is held and it is determined that the obligee has or
is entitled to income withholding under the local law of the jurisdiction which
issued the support order, the clerk of court shall issue a notice to withhold
under subsection (E) of Section 20-7-1315. The clerk of court shall notify the
requesting agency or person of the date upon which withholding must begin.
Section 20-7-1325. The provisions of subsections (C), (D), (E), (F) and
subsubsections (1), (3), (4), and (5) of subsection (G) of Section 20-7-1315
apply to income withholding based on a support order of another jurisdiction
entered under this subarticle.
Section 20-7-1326. (a) The notice to withhold shall direct payment to be made
to the clerk of court. The clerk of court shall promptly transmit payments
received pursuant to an order to withhold based on a support order of another
jurisdiction entered under this act to the agency or person designated in subitem
(c) of item (5) of subsection (b) of Section 20-7-1321.
(b) A support order entered pursuant to Section 20-7-1321 does not nullify and
is not nullified by a support order made by a court of this State pursuant to any
other law or by a support order made by a court of any other state. Amounts
collected by any withholding of income must be credited against the amounts
accruing or accrued for any period under any support orders issued either by this
State or by a sister state.
Section 20-7-1327. (a) The clerk of court, upon receiving a certified copy of
any amendment or modification to a support order entered pursuant to Section
20-7-1321, shall initiate, as though it were a support order of this State,
necessary procedures to amend or modify the order to withhold of this State which
was based upon the entered support order. The court shall amend or modify the
order to withhold to conform to the modified support order.
(b) If the clerk of court determines that the obligor has obtained employment
in another state or has a new or additional source of income in another state,
he shall notify the agency which requested the income withholding of the changes
and shall forward to that agency all information it has or can obtain with
respect to the obligor's new address and the name and address of the obligor's
new employer or other source of income. The clerk of court shall include with
the notice a certified copy of the order to withhold in effect in this State.
Section 20-7-1328. Any person who is the obligor on a support order of another
jurisdiction may obtain voluntary income withholding by filing with the clerk of
court a request for withholding and a certified copy of the support order of a
sister state. The clerk of court shall issue a notice to withhold under
subsection (2) of Subsection (E) of Section 20-7-1315. Payment must be made to
the clerk of court.
Section 20-7-1329. (a) The law of this State shall apply in all actions and
proceedings concerning the issuance, enforcement, and duration of orders to
withhold issued by a court of this State, which is based upon a support order of
another jurisdiction entered pursuant to Section 3, except as provided in
subsections (b) and (c) of this section.
(b) The law of the jurisdiction which issued the support order shall govern
the following:
(1) the interpretation of the support order entered under Section 20-7-1321,
including amount, form of payment, and the duration of support;
(2) the amount of support arrearages necessary to require the issuance of
an order to withhold;
(3) the definition of what costs, in addition to the periodic support
obligation, are included as arrearages which are enforceable by income
withholding, including but not limited to interest, attorney's fees, court costs,
and costs of paternity testing.
(c) The court in this State may impose its costs as allowed by law."
Time effective
SECTION 3. This act shall take effect upon approval by the Governor. |