H*4789 Session 111 (1995-1996)
H*4789(Rat #0527, Act #0452 of 1996) General Bill, By Harrison
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
20-7-949 so as to require an applicant for a business, occupational,
professional, hunting, fishing, or driver's license or watercraft registration
or for renewal of a license or registration to submit the applicant's Social
Security number to the licensing entity; to amend Subarticle 5, Article 9,
Chapter 7, Title 20, as amended, relating to the Uniform Interstate Family
Support Act, so as to define "tribunal" as not only the family courts of this
State but also the support enforcement agency which has concurrent
jurisdiction regarding child support cases under Title IV-D of the Social
Security Act and to change references from "family court" to "tribunal"; to
amend Sections 20-7-9505, 20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525,
20-7-9530, 20-7-9540, 20-7-2945, and 20-7-9560, all relating to the
administrative process for establishing and enforcing paternity and child
support, so as to clarify that the "Director" of the Child Enforcement
Division includes the Director's designees, to clarify the name of the
administering agency, to revise and delete obsolete terms, to clarify in which
county various documents must be filed, and to revise procedural time frames;
to amend Section 43-5-585, relating to the reporting of child support
arrearages to consumer reporting agencies, so as to provide that information
must be provided on persons who are in arrears in an amount equal to two
months' support obligation rather than on persons who have not made a payment
for two consecutive months; to amend Section 43-5-1125, relating to sanctions
for failing to comply with welfare agreements, so as to clarify that an AFDC
recipient who meets certain criteria is not required to comply with employment
and training provisions in the agreement; to amend Section 43-5-1155, relating
to entrepreneurial development, so as to expand the Department's authority and
a client's opportunities under this program; to amend Section 43-5-1170,
relating to time limitations placed on receiving welfare, so as to provide
that an exemption applies to a person who is permanently and totally disabled
rather than to one who is totally or permanently disabled; and to amend
Section 43-5-1240, relating to transitional Medicaid and child care, so as to
provide two years rather than one year of transitional child care and Medicaid
to a person who lost eligibility due to becoming employed or who becomes
employed after exceeding the twenty-four month time limit and to provide
further conditions to receiving these benefits.-amended title
03/20/96 House Introduced and read first time HJ-53
03/20/96 House Referred to Committee on Judiciary HJ-55
04/11/96 House Committee report: Favorable with amendment
Judiciary HJ-3
04/17/96 House Debate adjourned until Thursday, April 18, 1996 HJ-40
04/18/96 House Amended HJ-26
04/18/96 House Read second time HJ-26
04/18/96 House Unanimous consent for third reading on next
legislative day HJ-26
04/19/96 House Read third time and sent to Senate HJ-2
04/23/96 Senate Introduced and read first time SJ-25
04/23/96 Senate Referred to Committee on Judiciary SJ-25
05/23/96 Senate Polled favorable with amendment Judiciary SJ-16
05/23/96 Senate Amended SJ-18
05/23/96 Senate Read second time SJ-18
05/23/96 Senate Unanimous consent for third reading on next
legislative day SJ-19
05/24/96 Senate Read third time and returned to House with
amendments SJ-2
05/30/96 House Non-concurrence in Senate amendment HJ-67
05/30/96 House Reconsidered HJ-161
05/30/96 House Concurred in Senate amendment and enrolled HJ-161
06/13/96 Ratified R 527
06/20/96 Became law without Governor's signature
06/20/96 Effective date 07/01/96
07/09/96 Copies available
07/09/96 Act No. 452
(R527, H4789)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 20-7-949 SO AS TO
REQUIRE AN APPLICANT FOR A BUSINESS, OCCUPATIONAL,
PROFESSIONAL, HUNTING, FISHING, OR DRIVER'S LICENSE OR
WATERCRAFT REGISTRATION OR FOR RENEWAL OF A
LICENSE OR REGISTRATION TO SUBMIT THE APPLICANT'S
SOCIAL SECURITY NUMBER TO THE LICENSING ENTITY; TO
AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, AS
AMENDED, RELATING TO THE UNIFORM INTERSTATE FAMILY
SUPPORT ACT, SO AS TO DEFINE "TRIBUNAL" AS
NOT ONLY THE FAMILY COURTS OF THIS STATE BUT ALSO
THE SUPPORT ENFORCEMENT AGENCY WHICH HAS
CONCURRENT JURISDICTION REGARDING CHILD SUPPORT
CASES UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND
TO CHANGE REFERENCES FROM "FAMILY COURT"
TO "TRIBUNAL"; TO AMEND SECTIONS 20-7-9505,
20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530, 20-7-9540,
20-7-9545, AND 20-7-9560, ALL RELATING TO THE
ADMINISTRATIVE PROCESS FOR ESTABLISHING AND
ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO
CLARIFY THAT THE "DIRECTOR" OF THE CHILD
SUPPORT ENFORCEMENT DIVISION INCLUDES THE
DIRECTOR'S DESIGNEES, TO CLARIFY THE NAME OF THE
ADMINISTERING AGENCY, TO REVISE AND DELETE OBSOLETE
TERMS, TO CLARIFY IN WHICH COUNTY VARIOUS
DOCUMENTS MUST BE FILED, AND TO REVISE PROCEDURAL
TIME FRAMES; TO AMEND SECTION 43-5-585, RELATING TO
THE REPORTING OF CHILD SUPPORT ARREARAGES TO
CONSUMER CREDIT REPORTING AGENCIES, SO AS TO
PROVIDE THAT INFORMATION MUST BE PROVIDED ON
PERSONS WHO ARE IN ARREARS IN AN AMOUNT EQUAL TO
TWO MONTHS' SUPPORT OBLIGATION RATHER THAN ON
PERSONS WHO HAVE NOT MADE A PAYMENT FOR TWO
CONSECUTIVE MONTHS; TO AMEND SECTION 43-5-1125,
RELATING TO SANCTIONS FOR FAILING TO COMPLY WITH
WELFARE AGREEMENTS, SO AS TO CLARIFY THAT AN AFDC
RECIPIENT WHO MEETS CERTAIN CRITERIA IS NOT REQUIRED
TO COMPLY WITH EMPLOYMENT AND TRAINING PROVISIONS
IN THE AGREEMENT; TO AMEND SECTION 43-5-1155, RELATING
TO ENTREPRENEURIAL DEVELOPMENT, SO AS TO EXPAND
THE DEPARTMENT'S AUTHORITY AND A CLIENT'S
OPPORTUNITIES UNDER THIS PROGRAM; TO AMEND SECTION
43-5-1170, RELATING TO TIME LIMITATIONS PLACED ON
RECEIVING WELFARE, SO AS TO PROVIDE THAT AN
EXEMPTION APPLIES TO A PERSON WHO IS PERMANENTLY
AND TOTALLY DISABLED RATHER THAN TO ONE WHO IS
TOTALLY OR PERMANENTLY DISABLED; AND TO AMEND
SECTION 43-5-1240, RELATING TO TRANSITIONAL MEDICAID
AND CHILD CARE, SO AS TO PROVIDE TWO YEARS RATHER
THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND
MEDICAID TO A PERSON WHO LOST ELIGIBILITY DUE TO
BECOMING EMPLOYED OR WHO BECOMES EMPLOYED AFTER
EXCEEDING THE TWENTY-FOUR-MONTH TIME LIMIT AND TO
PROVIDE FURTHER CONDITIONS TO RECEIVING THESE
BENEFITS.
Be it enacted by the General Assembly of the State of South
Carolina:
Social security number must be submitted
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-949. An applicant for a license or for renewal of
a license shall submit the applicant's social security number to the
licensing entity."
Tribunal defined to include the Support Enforcement Agency
SECTION 2. Subarticle 5, Article 9, Chapter 7, Title 20 of the 1976
Code, as last amended by Act 494 of 1994, is further amended to
read:
"Subarticle 5
Uniform Interstate Family Support Act
Part I
General Provisions
Section 20-7-960. This subarticle may be cited as the `Uniform
Interstate Family Support Act'.
Section 20-7-965. As used in this subarticle:
(1) `Child' means an individual, whether over or under the age of
majority, who is or may be owed a duty of support by the child's parent
or who is or may be the beneficiary of a support order directed to that
parent.
(2) `Child support order' means a support order for a child which
may include support for a child over the age of majority under the law of
the issuing state.
(3) `Duty of support' means an obligation imposable by law to
provide support for a child, spouse, or former spouse including an
unsatisfied obligation to provide support.
(4) `Home state' means the state in which a child lived with a
parent or a person acting as parent for at least six consecutive months
immediately preceding the time of filing of a proceeding for support, and
if a child is less than six months old, the state in which the child lived
from birth with any of them. A period of temporary absence of any of
them is counted as part of the six-month or other period.
(5) `Income' includes earnings or other periodic entitlements to
money from any source and any other funds or assets subject to
withholding for support under the law of this State.
(6) `Income withholding order' means an order or other legal
process directed to withhold support from the obligor's income.
(7) `Initiating state' means a state in which a proceeding under this
subarticle or a substantially similar law is filed for forwarding to a
responding state.
(8) `Initiating tribunal' means the appropriate tribunal in an
initiating state.
(9) `Issuing state' means the state in which a tribunal issues a
support order or renders a judgment determining parentage.
(10) `Issuing tribunal' means the tribunal that issues a support order
or renders a judgment determining parentage.
(11) `Law' includes decisional and statutory law and rules and
regulations having the force of law.
(12) `Obligee' means:
(a) an individual to whom a duty of support is or may be owed
or in whose favor a support order has been issued or judgment
determining parentage has been rendered;
(b) a state or political subdivision to which the rights under a
duty of support or support order have been assigned or which has
independent claims based on financial assistance provided to an
individual obligee; or
(c) an individual seeking a judgment determining parentage of
that individual's child.
(13) `Obligor' means an individual or the estate of a decedent:
(a) who owes or may owe a duty of support including an
individual who is alleged but has not been adjudicated to be a parent of a
child; or
(b) who is liable under a support order.
(14) `Register' means to record a support order or judgment
determining parentage in the Registry of Foreign Support.
(15) `Registering tribunal' means a tribunal in which a support order
is registered.
(16) `Responding state' means a state to which a proceeding is
forwarded under this subarticle or a substantially similar law.
(17) `Responding tribunal' means the appropriate tribunal in a
responding state.
(18) `Spousal support order' means a support order for a spouse or
former spouse of the obligor.
(19) `State' means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or any territory or insular
possession subject to the jurisdiction of the United States. The term
`state' includes an Indian tribe and includes a foreign jurisdiction that has
established procedures for issuance and enforcement of support orders
which are substantially similar to the procedures under this subarticle.
(20) `Substantially similar law' means a law similar to the Uniform
Interstate Family Support Act, the Uniform Reciprocal Enforcement of
Support Act, or the Revised Uniform Reciprocal Enforcement of Support
Act.
(21) `Support enforcement agency' means a public official or the
public official's designees or the agency or the agency's designees
authorized to enforce laws relating to the duty of support or an existing
support order, to determine parentage, to establish, modify, and enforce
child support, or to locate obligors and their assets.
(22) `Support order' means a judgment, decree, or order for the
benefit of a child, a spouse, or a former spouse, whether temporary, final,
or subject to modification, for monetary support, health care, any
arrearage, reimbursement, and may include related costs and fees,
interest, income withholding, attorney's fees, or other appropriate
relief.
(23) `Tribunal' means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, and modify support
orders or to determine parentage.
Section 20-7-970. The tribunals of this State are the family court and
the support enforcement agency. For purposes of continuing exclusive
jurisdiction under this subarticle, the tribunals of this State have
concurrent jurisdiction to establish, modify, and enforce child support in
cases being administered pursuant to Title IV-D of the Social Security
Act.
Section 20-7-975. Remedies provided by this subarticle are
cumulative and do not affect the availability of any remedies under any
other law.
Section 20-7-980. In a proceeding to establish, enforce, or modify a
support order or to determine parentage, the tribunals may exercise
personal jurisdiction over a nonresident individual or that individual's
guardian or conservator if:
(1) the individual is personally served with a summons and
complaint within this State;
(2) the individual submits to the jurisdiction of this State by
consent, by entering a general appearance, or by filing a responsive
document having the effect of waiving any contest to personal
jurisdiction;
(3) the individual resided with the child in this State;
(4) the individual resided in this State and provided prenatal
expenses or support for the child;
(5) the child resides in this State as a result of the acts or directives
of the individual;
(6) the individual engaged in sexual intercourse in this State and
the child may have been conceived by that act of intercourse; or
(7) there is any other basis consistent with the constitutions of this
State and the United States for the exercise of personal jurisdiction.
Part II
Choice of Laws
Section 20-7-985. The tribunal exercising personal jurisdiction over a
nonresident under Section 20-7-980 may apply Section 20-7-1100 to
receive evidence from another state and Section 20-7-1110 to obtain
discovery through a tribunal of another state. In all other respects,
Sections 20-7-1025 through 20-7-1158 do not apply, and the tribunal
shall apply the procedural and substantive law of this State, including the
rules on choice of law other than those established by this subarticle.
Section 20-7-990. Under this subarticle a tribunal of this State may
serve as an initiating tribunal to forward proceedings to another state and
as a responding tribunal for proceedings initiated in another state.
Part III
Civil Enforcement
Section 20-7-995. (A) A tribunal of this State may exercise
jurisdiction in a proceeding to establish a support order filed after a
similar proceeding is filed in another state only if:
(1) the proceeding in this State is filed before the expiration of the
time allowed in the other state for filing a responsive pleading
challenging the exercise of jurisdiction by the other state;
(2) the contesting party timely challenges the exercise of
jurisdiction in the other state; and,
(3) if applicable, this State is the home state of the child.
(B) A tribunal of this State may not exercise jurisdiction in a
proceeding to establish a support order filed before a similar proceeding
is filed in another state if:
(1) the proceeding in the other state is filed before the expiration of
the time allowed in this State for filing a responsive pleading challenging
the exercise of jurisdiction by this State;
(2) the contesting party timely challenges the exercise of
jurisdiction in this State; and,
(3) if applicable, the other state is the home state of the child.
Section 20-7-1000. (A) A tribunal of this State issuing a support
order consistent with the law of this State has continuing, exclusive
jurisdiction as long as this State remains the residence of the obligor, the
individual obligee, or the child for whose benefit the support order is
issued.
(B) A tribunal of this State issuing a child support order consistent
with the law of this State may not exercise its continuing jurisdiction to
modify the order if:
(1) the order has been modified by a tribunal of another state
pursuant to a law substantially similar to this subarticle; or
(2) each individual party has filed written consent with the family
court for a tribunal of another state to modify the order and assume
continuing, exclusive jurisdiction.
(C) If a child support order of this State is modified by a tribunal of
another state pursuant to a law substantially similar to this subarticle, a
tribunal of this State loses its continuing, exclusive jurisdiction, and the
order issued in this State may be enforced only as to amounts accruing
before the modification and nonmodifiable aspects of the original order
and appropriate relief may be granted only for violations of the order
occurring before the effective date of modification.
(D) A tribunal of this State shall recognize the continuing, exclusive
jurisdiction of a tribunal of another state which has issued a child support
order pursuant to a law substantially similar to this subarticle.
(E) A temporary support order issued ex parte or pending resolution
of a jurisdictional conflict does not create continuing, exclusive
jurisdiction in the issuing tribunal.
Section 20-7-1005. (A) A tribunal of this State may serve as an
initiating tribunal under this subarticle to request a tribunal of another
state to enforce or modify a support order of that state.
(B) A tribunal of this State having continuing, exclusive jurisdiction
over a support order may act as a responding tribunal under this
subarticle to enforce or modify that order. In exercising its continuing,
exclusive jurisdiction over its support order, the tribunal may apply
Section 20-7-1100 to receive evidence from another state and Section
20-7-1110 to obtain discovery through a tribunal of another state.
(C) If a tribunal of this State lacks continuing, exclusive jurisdiction
over a spousal support order, it may not serve as a responding tribunal to
modify a spousal support order of another state.
Section 20-7-1010. (A) If a proceeding is brought under this
subarticle, and one or more child support orders have been issued in any
state with regard to an obligor and a child before the effective date of
this subarticle, a tribunal of this State shall apply the following priorities
in determining which order to recognize for purposes of continuing,
exclusive jurisdiction if:
(1) only one tribunal has issued a child support order, the order of
that tribunal must be recognized;
(2) two or more tribunals have issued child support orders for the
same obligor and child, and only one tribunal would have continuing,
exclusive jurisdiction under the provisions of this subarticle, the order of
that tribunal must be recognized;
(3) two or more tribunals have issued child support orders for the
same obligor and child and more than one would have continuing,
exclusive jurisdiction under the provisions of this subarticle, an order
issued by a tribunal in the current home state of the child must be
recognized, but if an order has not been issued in the current home state
of the child, the order most recently issued must be recognized;
(4) two or more tribunals have issued child support orders for the
same obligor and child and none of the tribunals would have continuing,
exclusive jurisdiction under the provisions of this subarticle, a tribunal of
this State may issue a child support order.
(B) The tribunal that issued an order recognized under subsection (A)
is the tribunal having continuing, exclusive jurisdiction.
Section 20-7-1015. In responding to multiple registrations or
complaints for enforcement of two or more child support orders in effect
at the same time with regard to the same obligor and different obligees
who are natural persons, at least one of which was issued by a tribunal of
another state, a tribunal of this State shall enforce those orders in the
same manner as if the multiple orders had been issued by a tribunal of
this State.
Section 20-7-1020. Amounts collected and credited for a particular
period pursuant to a support order issued by a tribunal of another state
must be credited against the amounts accruing or accrued for the same
period under a support order issued by a tribunal of this State.
Section 20-7-1025. (A) Except as otherwise expressly stated, Sections
20-7-1025 through 20-7-1115 apply to all proceedings under this
subarticle.
(B) A tribunal of this State has jurisdiction, to the extent otherwise
authorized by law, to do one or more of the following:
(1) modify an order of child support or spousal support issued by a
tribunal of this State;
(2) establish an original order for spousal or child support;
(3) enforce a support order and income withholding order of
another state without registration;
(4) register a spousal support order or child support order of
another state for enforcement;
(5) register a child support order of another state for modification;
and
(6) determine parentage.
(C) An individual plaintiff or a support enforcement agency may
bring a proceeding authorized under this subarticle by filing a complaint
in an initiating tribunal for forwarding to a responding tribunal or by
filing a complaint directly in an appropriate tribunal of another state
which has or can obtain jurisdiction.
Section 20-7-1030. A minor or a guardian ad litem or other legal
representative appointed for the minor may maintain a proceeding on
behalf of the minor's child.
Section 20-7-1035. Unless otherwise provided by this subarticle, a
responding tribunal shall:
(1) apply the procedural and substantive law, including the rules on
choice of law, generally applicable to similar proceedings originating in
this State and may exercise all powers and provide all remedies available
in those proceedings; and
(2) determine the duty of support and the amount payable in
accordance with the law and support guidelines of this State.
Section 20-7-1040. Upon the filing of a proceeding authorized by this
subarticle, a tribunal of this State as an initiating tribunal shall forward
three copies of the complaint and its accompanying documents:
(1) to the responding tribunal or appropriate support enforcement
agency in the responding state; or
(2) if the identity of the responding tribunal is unknown, to the
state information agency of the responding state with a request that they
be forwarded to the appropriate tribunal and that receipt be
acknowledged.
Section 20-7-1045. (A) If a responding tribunal receives a complaint,
it shall cause the complaint to be filed and notify the plaintiff by
first-class mail where and when it was filed.
(B) A tribunal of this State as a responding tribunal, to the extent
otherwise authorized by law, may do one or more of the following:
(1) issue or enforce a support order, modify a child support order,
or render a judgment to determine parentage;
(2) order an obligor to comply with a support order, specifying the
amount and the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearage, and specify a method
of payment;
(5) enforce orders by civil or criminal contempt, or both;
(6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor's property;
(8) order an obligor to keep the tribunal informed of the obligor's
current residential address, telephone number, employer, address of
employment, and telephone number at the place of employment;
(9) issue a bench warrant for an obligor who has failed after proper
notice to appear at a hearing ordered by the family court and enter the
bench warrant in any local and state computer systems for criminal
warrants;
(10) order the obligor to seek appropriate employment by specified
methods;
(11) award reasonable attorney's fees and other fees and costs;
and
(12) grant any other available remedy.
(C) A responding tribunal shall state in a support order, or in the
documents accompanying the order, the calculations on which the support
order issued under this subarticle is based.
(D) A responding tribunal may not condition the payment of a support
order issued under this subarticle upon compliance by a party with
provisions for visitation.
(E) If a responding tribunal issues a support order under this
subarticle, the tribunal shall send by first-class mail a copy of the order
to the plaintiff and the defendant and to the initiating tribunal, if any.
Section 20-7-1050. If a proceeding is brought in an inappropriate
tribunal of this State, the tribunal shall forward the complaint and
accompanying documents to the appropriate tribunal in this State or in
another state and notify the plaintiff by first-class mail where and when
the complaint was sent.
Section 20-7-1055. (A) A support enforcement agency of this State
shall provide services upon request to a plaintiff in a proceeding under
this subarticle.
(B) A support enforcement agency that is providing services to the
plaintiff shall as appropriate:
(1) take all steps necessary to enable the appropriate tribunal to
obtain jurisdiction over the defendant;
(2) request the appropriate tribunal to set a time and place for a
hearing;
(3) make a reasonable effort to obtain all relevant information,
including the assets and income of the parties;
(4) within two business days after receipt of a written notice from
an initiating, responding, or registering tribunal send a copy of the notice
by first-class mail to the plaintiff;
(5) within two business days after receipt of a written
communication from the defendant or the defendant's attorney send a
copy of the communication by first-class mail to the plaintiff; and
(6) notify the plaintiff if jurisdiction over the defendant cannot be
obtained.
(C) This subarticle does not create or negate a relationship of attorney
and client or other fiduciary relationship between a support enforcement
agency or the attorney for the agency and the individual being assisted by
the agency.
Section 20-7-1060. If the Attorney General determines that the support
enforcement agency is neglecting or refusing to provide services to an
individual, the Attorney General may order the agency to perform its
duties under this subarticle or may provide those services directly to the
individual.
Section 20-7-1065. An individual may employ private counsel to
represent the individual in proceedings authorized by this subarticle.
Section 20-7-1070. (A) The Department of Social Services is the state
information agency under this subarticle.
(B) The state information agency shall:
(1) compile and maintain a current list, including addresses, of the
tribunals in this State which have jurisdiction under this subarticle and
any support enforcement agencies in this State and transmit a copy to the
state information agency of every other state;
(2) maintain a register of lists of tribunals and support enforcement
agencies received from other states;
(3) forward to the appropriate tribunal for the county in which the
obligee or obligor resides, or in which the obligor's property is believed
to be located, all documents concerning a proceeding under this subarticle
received from the initiating tribunal or the state information agency of the
initiating state; and
(4) obtain information concerning the location of the obligor and
the obligor's property not exempt from execution, including use of postal
verification and federal or state locator services, examination of telephone
directories, requests for the obligor's address from employers, and
examination of governmental records including, if not prohibited by other
law, those relating to real property, vital statistics, law enforcement,
taxation, motor vehicles, driver's licenses, and social security.
Section 20-7-1075. (A) A plaintiff seeking to establish or modify a
support order or to determine parentage in proceeding under this
subarticle must verify the complaint. Unless otherwise ordered under
Section 20-7-1080, the complaint or accompanying documents must
provide, so far as known, the name, residential address, and social
security number of the obligor and the obligee and the name, sex,
residential address, social security number, and date of birth of each child
for whom support is sought. The complaint must be accompanied by a
certified copy of any support order in effect and may include any other
information that may assist in locating or identifying the defendant.
(B) The complaint and accompanying documents must specify the
relief sought and conform substantially with the requirements imposed by
the forms mandated by federal law for use in cases filed by a support
enforcement agency.
Section 20-7-1080. Upon a finding that the health, safety, or liberty of
a party or child would be unreasonably put at risk by the disclosure of
identifying information or if an existing order so provides, a tribunal
shall order that the address of a child or party or other identifying
information not be disclosed in a pleading or other document filed in a
proceeding under this subarticle.
Section 20-7-1085. (A) A tribunal may not require the plaintiff to pay
a filing fee or other costs.
(B) A responding tribunal may assess against an obligor reasonable
attorney's fees, filing fees, other costs, and necessary travel and other
reasonable expenses incurred by the obligee and the obligee's witnesses.
The tribunal may not assess fees, costs, or expenses against the obligee or
the support enforcement agency of either the initiating or the responding
state, except as provided by other law. Attorney's fees may be taxed as
costs, and may be ordered paid directly to the attorney who may enforce
the order in the attorney's own name. Payment of those costs and fees
does not have priority over amounts of support owed to the obligee.
(C) A tribunal of this State shall order, to the extent otherwise
authorized by law, the payment of costs and reasonable attorney's fees if
it determines that a hearing was requested primarily for delay. In a
proceeding under Sections 20-7-1132 through 20-7-1154, the tribunal
shall presume that a hearing was requested primarily for delay if a
registered support order is confirmed or enforced without change.
Section 20-7-1090. (A) Participation by a plaintiff in a responding
tribunal in a proceeding under this subarticle, whether in person, by
private attorney, or through services provided by the support enforcement
agency, does not permit the exercise of personal jurisdiction over the
plaintiff in another proceeding.
(B) A plaintiff is not amenable to service of civil process while
physically present in this State to participate in proceedings under this
subarticle.
(C) The immunity granted by this section does not extend to civil
litigation based on acts unrelated to the proceedings under this subarticle
committed by a party while present in this State.
Section 20-7-1095. A party whose parentage of a child has previously
been determined by law may not plead nonparentage as a defense to a
proceeding under this subarticle.
Section 20-7-1100. (A) The physical presence of the plaintiff in a
responding tribunal of this State is not required for the establishment,
enforcement, or modification of a support order or the rendition of a
judgment determining parentage.
(B) A verified complaint, affidavit, document substantially complying
with federally mandated forms, and any document incorporated by
reference in any of them, not excluded under the hearsay rule if given in
person, is admissible if given in writing and under oath by a party or
witness residing in another state.
(C) A copy of the record of child support payments certified as a true
copy of the original by the custodian of the record may be forwarded to a
responding tribunal. The copy is prima facie evidence of facts asserted in
it and is admissible to show whether payments were made.
(D) If copies of bills are furnished to the adverse party at least ten
days before trial, the bills for testing for parentage and for prenatal and
postnatal health care of the mother and child are prima facie evidence
that the charges billed were reasonable, necessary, and customary and are
admissible to prove the amount of those charges.
(E) Documentary evidence transmitted from another state to a tribunal
of this State by telephone, telecopier, or other means that do not provide
an original writing may not be excluded from evidence on an objection
based on the means of transmission.
(F) In a proceeding under this subarticle, a tribunal of this State may
permit a party or witness residing in another state to testify by telephone
conference at a designated tribunal or other location in that state. A
tribunal of this State shall cooperate with tribunals of other states in
designating an appropriate location for a telephone conference.
(G) If a party called to testify at a civil hearing declines to answer on
the ground that the testimony may tend to be incriminating, the trier of
fact may draw an adverse inference from the refusal to testify.
(H) A privilege against disclosure of spousal communications between
the parties does not apply in a proceeding under this subarticle.
(I) A defense of immunity because of the relationship of husband and
wife or parent and child does not apply in a proceeding under this
subarticle.
Section 20-7-1105. A tribunal of this State may communicate with a
tribunal of another state in writing or by telephone or other means to
obtain information concerning the laws of that state, the legal effect of
any judgment, decree, or order of that tribunal, and the status of any
proceeding in the other state.
Section 20-7-1110. A tribunal of this State, to the extent otherwise
authorized by law, may:
(1) request a tribunal of another state to assist in obtaining
discovery; and
(2) upon request compel a person over whom it has jurisdiction to
respond to discovery orders issued by a tribunal of another state.
Section 20-7-1115. A support enforcement agency or a tribunal of this
State shall disburse promptly any amounts received pursuant to a support
order as directed by the order. The agency or tribunal shall furnish a
requesting party or tribunal of another state with a certified statement by
the custodian of the record of the amounts and dates of all payments
received.
Section 20-7-1120. (A) If a support order entitled to recognition under
this subarticle has not been issued, a responding tribunal of this State
may issue a support order if:
(1) the individual seeking the order resides in another state; or
(2) the support enforcement agency seeking the order is located in
another state.
(B) A tribunal of this State, to the extent otherwise authorized by law,
may issue a temporary order if:
(1) the defendant has signed a verified statement acknowledging
paternity;
(2) the defendant has been determined pursuant to law to be the
parent; or
(3) there is other clear and convincing evidence that the defendant
is the child's parent.
(C) After notice and hearing, upon finding that an obligor owes a duty
of support, a tribunal of this State shall issue a support order directed to
the obligor and may issue other orders pursuant to Section 20-7-1045.
Section 20-7-1125. (A) As a condition of doing business in this State
an employer shall comply with an income withholding order issued in
another state as if the order had been issued by a tribunal of this
State.
(B) Two copies of an income withholding order issued in another
state may be sent by first-class mail to the obligor's employer in this
State without first filing a proceeding or registering the order with the
family court.
(C) If an income withholding order appears regular on its face, the
employer shall:
(1) immediately provide a copy of the order to the obligor;
(2) follow the procedure for withholding income as if the order had
been issued by a tribunal of this State; and
(3) distribute the funds as directed in the withholding order.
(D) An obligor may contest the validity or enforcement of an income
withholding order by requesting a hearing in family court not later than
twenty days after the first payment is withheld. If the obligor requests a
hearing to contest the order, the family court shall schedule the matter for
hearing and provide notice of the date, time, and place of hearing by
first-class mail to the obligor and the obligee or other designated person.
The procedure and grounds for contesting the validity and enforcement of
an income withholding order issued in another state served directly on the
employer are the same as those available for contesting an income
withholding order that has been issued in this State. If enforcement of an
income withholding order issued in another state served directly on an
employer is contested, the rules provided by Section 20-7-1138 apply.
(E) The obligor shall give notice of the complaint to contest to the
support enforcement agency providing services to the obligee, if any, and
to:
(1) the person or agency designated to receive payments in the
income withholding order; or
(2) if no person or agency is designated, the obligee.
Part IV
Registration of Foreign Support Orders
Section 20-7-1130. (A) A party seeking to enforce a support order, an
income withholding order, or both, issued by a tribunal of another state
may send the documents required for registering the order to a support
enforcement agency of this State.
(B) On receipt of the documents the support enforcement agency,
without initially seeking to register the order, shall use any administrative
procedure available to enforce a support order, an income withholding
order, or both. If the obligor does not contest administrative
enforcement, the support order need not be registered. If the obligor
contests the validity or administrative enforcement of the order by
asserting a ground for contesting the order recognized by the law of this
State, the support enforcement agency shall register the order pursuant to
this subarticle.
Section 20-7-1132. A support order or an income withholding order
issued by a tribunal of another state may be registered in this State for
purposes of enforcement.
Section 20-7-1134. (A) A support order or income withholding order
of another state may be registered in this State by sending the following
documents and information to the Department of Social Services:
(1) a letter of transmittal to the department requesting registration
and enforcement;
(2) two copies, including one certified copy, of all orders to be
registered, including any modification of an order;
(3) a sworn statement by the party seeking registration or a
certified statement by the custodian of the records showing the amount of
any arrearage;
(4) the name of the obligor and, if known:
(a) the obligor's address and social security number;
(b) the name and address of the obligor's employer and any
source of income of the obligor; and
(c) a description and the location of property of the obligor in
this State not exempt from execution; and
(5) the name and address of the obligee and, if applicable, the
agency or person to whom support payments are to be remitted.
(B) On receipt of a request for registration the department shall cause
the order to be filed as a foreign judgment together with one copy of the
documents and information regardless of their form.
(C) A complaint seeking an enforcement remedy that must be
specifically pled under the law of this State may be filed at the same time
as the request for registration or at a later date. The complaint shall set
forth the express grounds that provide the basis for the remedy
sought.
Section 20-7-1136. (A) A support order or income withholding order
issued in another state is registered as of the filing of the order in the
Registry of Foreign Support.
(B) A registered order of another state has the same effect and is
subject to the same procedures and defenses as an order of this State and
may be enforced and satisfied in the same manner.
(C) Except as provided in Sections 20-7-1132 through 20-7-1154, a
tribunal of this State shall recognize and enforce and may not modify a
registered order if the issuing tribunal had jurisdiction.
Section 20-7-1138. (A) The law of the issuing state governs the
nature, extent, amount, and duration of current payments and other
obligations of support and the payment of any arrearage of a registered
support order.
(B) In a proceeding for any arrearage the statute of limitations under
the laws of this State or of the issuing state, whichever is longer,
applies.
Section 20-7-1140. (A) The registering tribunal shall notify the
nonregistering party of the registration of a support order or income
withholding order issued in another state. Notice must be given by
first-class, certified, or registered mail or by any means of personal
service authorized by the law of this State. The notice must be
accompanied by a copy of the registered order and the documents and
relevant information accompanying the order.
(B) The notice must inform the nonregistering party:
(1) that a motion to contest the validity or enforcement of the
registered order must be filed within twenty days after the date of mailing
or personal service of the notice;
(2) of the amount of alleged arrearage, if any;
(3) that failure to contest the validity or enforcement of the
registered order in a timely manner will result in confirmation of the
order and enforcement of the order and any alleged arrearage and
precludes further contest of that order with respect to any matter that
could have been asserted; and
(4) that a registered order is enforceable as of the date of
registration in the same manner as a support order issued by a tribunal of
this State.
(C) Upon registration of an income withholding order for purposes of
enforcement, the registering tribunal shall notify the obligor's employer
pursuant to the income withholding law of this State.
Section 20-7-1142. (A) A nonregistering party seeking to contest the
validity or enforcement of a registered order must request a hearing
within twenty days after the date of mailing or personal service of notice
of the registration. The nonregistering party may seek to vacate the
registration or to contest any aspect of the registered order, the remedies
being sought, or the amount of any alleged arrearage pursuant to Section
20-7-1144.
(B) If the nonregistering party fails to contest the validity or
enforcement of the registered order in a timely manner, the order is
confirmed by operation of law.
(C) If a nonregistering party requests a hearing to contest the validity
or enforcement of the registered order, the registering tribunal shall
schedule the matter for hearing and give notice to the parties by
first-class mail of the date, time, and place of the hearing.
Section 20-7-1144. (A) A party contesting the validity or enforcement
of a registered order bears the burden of proving one or more of the
following defenses:
(1) the issuing tribunal lacked personal jurisdiction over the
contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a later
order;
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this State to the enforcement
remedy sought;
(6) full or partial payment has been made; or
(7) the statute of limitations under Section 20-7-1138 precludes
enforcement of any arrearage.
(B) If an obligor presents evidence establishing a full or partial
defense under subsection (A), a tribunal may stay enforcement of the
registered order, continue the proceeding to permit production of
additional relevant evidence, or issue other appropriate orders. Any
uncontested portion of the registered order may be enforced by all
remedies available under the law of this State.
(C) If the contesting party does not establish a defense under
subsection (A) to the registration of the order, the registering tribunal
shall issue an order confirming the order.
Section 20-7-1146. Confirmation of a registered order, whether by
operation of law or after notice and hearing, precludes further contest of
the order with respect to any matter that could have been asserted at the
time of registration.
Section 20-7-1148. 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 as provided
in Sections 20-7-1132 through 20-7-1138. A complaint setting forth the
grounds for modification with specificity may be filed at the same time
as a request for registration and enforcement or at a later time.
Section 20-7-1150. After a child support order of another state is
registered for purposes of modification, it may be enforced by a tribunal
of this State in the same manner as a support order issued by the tribunal,
but the registered order may be modified only if the requirements of
Section 20-7-1152 are met.
Section 20-7-1152. (A) After a child support order of another state
has been registered in this State, a tribunal of this State may modify that
order only if, after notice and hearing, it finds that:
(1) neither the child, the individual obligee, nor the obligor reside
in the issuing state, the nonresident plaintiff seeks modification, and the
defendant is subject to the jurisdiction of a tribunal of this State; or
(2) a party who is a natural person or the child is subject to the
personal jurisdiction of a tribunal of this State and all the parties who are
natural persons have filed an agreement in the issuing tribunal providing
that the tribunal may modify the support order and assume continuing,
exclusive jurisdiction over the order.
(B) A child support order registered for modification is subject to the
same requirements, procedures, and defenses applicable to the
modification of an order issued by a tribunal of this State and may be
enforced and satisfied in the same manner.
(C) A tribunal of this State may not modify any aspect of a child
support order that may not be modified under the law of the issuing
state.
(D) On issuance of an order modifying a child support order issued in
another state, a tribunal of this State becomes the tribunal of continuing,
exclusive jurisdiction.
(E) Within thirty days after issuance of a modified child support
order, the party obtaining the modification shall file a certified copy of
the order with the issuing tribunal which had continuing, exclusive
jurisdiction over the earlier order and in those tribunals in which that
party knows the earlier order has been registered.
Section 20-7-1154. A tribunal of this State shall recognize a
modification of its earlier child support order by a tribunal of another
state which assumed jurisdiction pursuant to a law substantially similar to
this subarticle and upon request, except as otherwise provided in this
subarticle, shall:
(1) enforce any arrearage and provide other appropriate relief for
violations of the modified order which occurred before the effective date
of the modification;
(2) enforce the modified order to the extent it was not superseded
by the modification; and
(3) recognize the modifying order of the other state, upon
registration, for the purpose of enforcement.
Section 20-7-1156. (A) A tribunal of this State may serve as an
initiating or responding tribunal in a proceeding brought under this
subarticle or substantially similar law to determine that the plaintiff is a
parent of a particular child or to determine that a defendant is a parent of
that child. The proceeding may be brought without joining the child as a
party.
(B) Except as otherwise provided in Section 20-7-1158, a responding
tribunal of this State shall apply the procedural and substantive law of
this State, including the rules on choice of law, generally applicable in a
proceeding to determine parentage.
Section 20-7-1158. (A) A proceeding to determine parentage under
this subarticle is a civil matter to be decided by a preponderance of the
evidence.
(B) The family court may, and to the extent otherwise required by law
upon request of a party shall, order the child and the alleged mother or
alleged father to submit to scientifically accepted testing for
parentage.
(C) If a defendant refuses to comply with an order for testing for
parentage, a tribunal of this State may resolve the question of parentage
against the defendant. If a plaintiff refuses to comply with an order for
testing for parentage, the tribunal shall dismiss the proceeding without
prejudice.
(D) A verified written report by an expert on parentage testing is
prima facie evidence of the truth of the facts asserted in it. If the
verified report shows the chain of custody of samples tested, it is
competent evidence to establish the chain.
(E) If the results of testing for parentage create a presumption of
parentage under the law of this State, upon motion a tribunal of this
State, to the extent otherwise authorized by law, shall order the presumed
parent to pay temporary child support. A tribunal of this State, to the
extent otherwise authorized by law, also may order temporary support if
the defendant has signed a verified statement acknowledging parentage or
there is other clear and convincing evidence that the defendant is the
particular child's parent.
Section 20-7-1160. (A) For purposes of this section and Section
20-7-1162, `governor' includes an individual performing the functions of
governor or the executive authority of a state covered by this
subarticle.
(B) The Governor of this State may:
(1) demand that the governor of another state surrender an
individual found in the other state who is charged criminally in this State
with having failed to provide for the support of an obligee; or
(2) on the demand by the governor of another state, surrender an
individual found in this State who is charged criminally in the other state
with having failed to provide for the support of an obligee.
(C) A provision for extradition of criminals not inconsistent with this
subarticle applies to the demand even if the individual whose surrender is
demanded was not in the demanding state when the crime was committed
and has not fled from there.
Section 20-7-1162. (A) Before making demand that the governor of
another state surrender an individual charged criminally in this State with
having failed to provide for the support of an obligee, the Governor of
this State may require a prosecutor of this State to demonstrate that at
least sixty days previously the obligee had initiated proceedings for
support under this subarticle or that the proceeding would be of no
avail.
(B) If, under this subarticle or a substantially similar law, the
governor of another state makes a demand that the Governor of this State
surrender an individual charged criminally in that state with having failed
to provide for the support of an individual or child to whom a duty of
support is owed, the Governor may require a prosecutor to investigate the
demand and report whether a proceeding for support has been initiated or
would be effective. If it appears that a proceeding would be effective but
has not been initiated, the Governor may delay honoring the demand for
a reasonable time to permit the initiation of a proceeding.
(C) If a proceeding for support has been initiated and the individual
demanded prevails, the Governor may decline to honor the demand. If
the plaintiff prevails and the individual whose extradition is demanded is
subject to a support order, the Governor may decline to honor the
demand if the individual demanded is complying with the support
order.
Section 20-7-1164. This subarticle must be applied and construed to
effectuate its general purpose to make uniform the law with respect to the
subject of this subarticle among states enacting it.
Section 20-7-1166. If a provision of this subarticle or its application to
an individual or circumstance is held invalid, the invalidity does not
affect other provisions or applications of this subarticle which can be
given effect without the invalid provision or application, and to this end
the provisions of this subarticle are severable."
Jurisdiction of Child Support Enforcement Division
SECTION 3. Section 20-7-9505 of the 1976 Code, as added by Act
102 of 1995, is amended to read:
"Section 20-7-9505. Notwithstanding Section 20-7-420 and any
other provision of law, the Child Support Enforcement Division of the
Department of Social Services also has jurisdiction to establish paternity
and to establish and enforce child support in cases brought pursuant to
Title IV-D of the Social Security Act in accordance with this
article."
Definitions
SECTION 4. Section 20-7-9510(1), (6), and (8) of the 1976 Code, as
added by Act 102 of 1995, is amended to read:
"(1) `Arrearage' means amounts of past-due and unpaid
monthly support obligations established by court or administrative
order."
"(6) `Director' means the Director of the Child Support
Enforcement Division of the State Department of Social Services or the
director's designees."
"(8) `Duty of support' means a duty of support imposed by
law, by order, decree, or judgment of a court or by administrative order,
whether interlocutory or final, or whether incidental to an action for
divorce, separation, separate maintenance, or otherwise. `Duty of
support' includes the duty to pay a monthly support obligation and any
arrearage."
Notice of financial responsibility
SECTION 5. Section 20-7-9515 of the 1976 Code, as added by Act
102 of 1995, is amended to read:
"Section 20-7-9515. The director shall issue a notice of financial
responsibility to an obligor who is responsible for the support of a child
on whose behalf the custodian of that child is receiving support
enforcement services from the division pursuant to Title IV-D of the
Social Security Act. The notice shall include the following statements
and information:
(1) That the obligor is required to appear at the time and location
indicated in the notice for a negotiation conference to determine the
obligor's duty of support.
(2) That the division may issue an order of default setting forth the
amount of the obligor's duty of support, if the obligor:
(a) fails to appear for the negotiation conference as scheduled in
the notice; or
(b) fails to reschedule a negotiation conference before the date
and time stated in the notice; or
(c) fails to send the division a written request for a court hearing
before the time scheduled for the negotiation conference.
(3) That the obligor may request a court hearing within thirty days
after the receipt of the notice of financial responsibility pursuant to
Section 20-7-9540.
(4) That the order of default must be filed with the clerk of court
of the county in which the obligor resides or, if the obligor does not
reside in the State, with the clerk of court of the county in which the
obligee resides; that as soon as the order of default is filed, it shall have
all the force, effect, and remedies of an order of the court including, but
not limited to, income withholding or contempt of court; and that
execution may be issued on the order in the same manner and with the
same effect as if it were an order of the court.
(5) No court order for judgment nor verified entry of judgment
may be required in order for the clerk of court and division to certify
past due amounts of child support to the Internal Revenue Service or
State Department of Revenue and Taxation for purposes of intercepting a
federal or state tax refund.
(6) The name of the custodian of the child on whose behalf support
is being sought and the name and birth date of the child;
(7) That the amount of the monthly support obligation must be
based upon the child support guidelines as set forth in Sections 20-7-852
and 43-5-580.
(8) That the division may issue an administrative subpoena to
obtain income information from the obligor.
(9) The amount of any arrearage which has accrued under an
administrative or court order for support.
(10) That the costs of collections may be assessed against and
collected from the obligor.
(11) That the obligor may assert the following objections in the
negotiation conference and that, if the objections are not resolved, the
division shall schedule a court hearing pursuant to Section
20-7-9525(C):
(a) that the dependent child has been adopted by a person other
than the obligor;
(b) that the dependent child is emancipated; or
(c) that there is an existing court or administrative order for
support as to the monthly support obligation.
(12) That the duty to provide medical support must be established
under this article in accordance with the state child support
guidelines.
(13) That an order issued pursuant to this article or an existing order
of a court also may be modified under this article in accordance with the
Uniform Interstate Family Support Act.
(14) That the obligor is responsible for notifying the division of any
change of address or employment within ten days of the change.
(15) That, if the obligor has any questions, the obligor should
telephone or visit the division.
(16) That the obligor has the right to consult an attorney and the
right to be represented by an attorney at the negotiation conference.
(17) Other information as set forth in regulations promulgated
pursuant to the Administrative Procedures Act."
Serving notice of financial responsibility
SECTION 6. Section 20-7-9520 of the 1976 Code, as added by Act
102 of 1995, is amended to read:
"Section 20-7-9520. The division shall serve a notice of
financial responsibility on the obligor not less than thirty days before the
date stated in the notice for the negotiation conference:
(1) in the manner prescribed for service of process in a civil action;
or
(2) by an employee appointed by the division to serve process; or
(3) by certified mail, return receipt requested, signed by the obligor
only. The receipt is prima facie evidence of service."
Negotiation conference; consent orders; child support
guidelines
SECTION 7. Section 20-7-9525 of the 1976 Code, as added by Act
102 of 1995, is amended to read:
"Section 20-7-9525. (A) An obligor who has been served with a
notice of financial responsibility pursuant to Section 20-7-9520 and who
does not request a hearing pursuant to Section 20-7-9540 shall appear at
the time and location stated in the notice for a negotiation conference or
shall reschedule a negotiation conference before the date and time stated
in the notice. The negotiation conference must be scheduled not more
than ninety days after the date of the issuance of the notice of financial
responsibility. A negotiation conference may not be rescheduled more
than once without good cause as defined in regulations promulgated
pursuant to the Administrative Procedures Act. If a stipulation is agreed
upon at the negotiation conference as to the obligor's duty of support, the
division shall issue a consent order setting forth:
(1) the amount of the monthly support obligation and instructions
on the manner in which it must be paid;
(2) the amount of arrearage due and owing and instructions on the
manner in which it must be paid;
(3) the name of the custodian of the child and the name and birth
date of the child for whom support is being sought;
(4) other information as set forth in regulations promulgated
pursuant to Section 20-7-9515(17).
(B) A copy of the consent order issued pursuant to subsection (A) and
proof of service must be filed with the clerk of court of the county in
which the obligor resides or, if the obligor does not reside in the State,
with the clerk of court of the county in which the obligee resides. The
clerk shall stamp the date of receipt of the copy of the order and shall
assign the order a case number. The consent order shall have all the
force, effect, and remedies of an order of the court including, but not
limited to, income withholding and contempt of court. Execution may be
issued on the order in the same manner and with the same effect as if it
were an order of the court. No court order for judgment nor verified
entry of judgment is required in order for the clerk of court and division
to certify past-due amounts of child support to the Internal Revenue
Service or State Department of Revenue and Taxation for purposes of
intercepting a federal or state tax refund, or credit bureau reporting.
(C) If no stipulation is agreed upon at the negotiation conference, the
division shall file the notice of financial responsibility and proof of
service with the clerk of court of the county in which the obligor resides
or, if the obligor does not reside in the State, with the clerk of court of
the county in which the obligee resides, and the matter must be set for a
hearing in accordance with Section 20-7-9540.
(D) The determination of the monthly support obligation must be
based on the child support guidelines as set forth in Sections 20-7-852
and 43-5-580."
Arrearages
SECTION 8. Section 20-7-9530(A)(2) of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"(2) the amount of the arrearage due and owing and
instructions on the manner in which it must be paid;"
Request for a hearing
SECTION 9. Section 20-7-9540 of the 1976 Code, as added by Act
102 of 1995, is amended to read:
"Section 20-7-9540. (A) An obligor who objects to a part of
the notice of financial responsibility, within thirty days of receipt of the
notice, shall make a written request for a court hearing to the division.
The request must be served upon the division by certified mail or in the
same manner as a summons in a civil action.
(B) Upon receipt of a written request for a hearing, the division shall
file the written request for a hearing, the notice of financial
responsibility, and proof of service with the clerk of court of the county
in which the obligor resides or, if the obligor does not reside in the State,
with the clerk of court of the county in which the obligee resides and
shall request the court to set a hearing for the matter. The clerk of court
shall send a notice to the obligor and the division informing them of the
date and location of the hearing. If the obligor raises issues relating to
custody or visitation and the court has jurisdiction to hear these matters,
the court shall set a separate hearing for those issues after entry of the
order."
Paternity denial and determination
SECTION 10. Section 20-7-9545(B) and (C) of the 1976 Code, as
added by Act 102 of 1995, are amended to read:
"(B) The alleged father may file a written denial of paternity
with the division within thirty days after service of the notice of paternity
determination.
(C) When there is more than one alleged father of a child, the
division may serve a notice of paternity determination on each alleged
father in the same consolidated proceeding or in separate proceedings.
Failure to serve notice on an alleged father does not prevent the division
from serving notice on any other alleged father of the same
child."
Jurisdiction of division
SECTION 11. Section 20-7-9560(A) of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"(A) The division may establish all duties of support including
the duty to pay any arrearage and may enforce duties of support from an
obligor pursuant to this article if that action is requested by an agency of
another state which is operating under Title IV-D of the federal Social
Security Act, as amended."
Reports to consumer credit reporting agencies
SECTION 12. Section 43-5-585 of the 1976 Code, as added by Act
102 of 1995, is amended to read:
"Section 43-5-585. (A) The department shall provide
consumer credit reporting agencies an automated monthly report of
obligors in Title IV-D cases who have an arrearage in an amount equal to
two months' support obligation.
(B) The department shall establish procedures for notice and an
opportunity for a review for obligors who contest the submission to the
consumer credit reporting agency. The procedures shall limit the review
to a dispute concerning the identity of the obligor or the existence or
amount of the arrearage."
Standard for compliance
SECTION 13. Section 43-5-1125(B) of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"(B) A recipient is not required to comply with the employment
and training provisions of the agreement if the recipient is:
(1) a parent or caretaker relative with a child under one year of
age; however, custodial parents under age twenty-five who have not
completed their high school education are required to comply with these
provisions regardless of the age of the child;
(2) at least six months pregnant and the pregnancy is verified by a
qualified licensed health care provider;
(3) incapacitated and the incapacity is verified by a physician, and
if the department considers it necessary, confirmed by an assessment
performed by the Department of Vocational Rehabilitation, as a physical
or mental impairment that prevents the recipient from engaging in gainful
employment or participating in education or training;
(4) caring for an incapacitated person whose incapacity has been
verified by a physician and, if the department considers it necessary,
confirmed by an assessment performed by the Department of Vocational
Rehabilitation;
(5) unable to participate because child care and reasonable
transportation were not provided when needed for participation in
employment and training programs."
Entrepreneurial development
SECTION 14. Section 43-5-1155 of the 1976 Code, as added by Act
102 of 1995, is amended to read:
"Section 43-5-1155. The Department of Social Services shall
seek funds for entrepreneurial development so that AFDC clients can
create jobs and provide incentives for AFDC clients in their efforts to
attain self-sufficiency and independence. The department shall identify
markets for entrepreneurial development for AFDC clients, provide
clients with job skills and opportunities to develop expertise in operating
businesses, and allow clients to accrue savings, buy or earn stock in a
business, or, over a period of time, purchase a business. In carrying out
this program the department shall work in conjunction with public,
community, and private sector entities including businesses, banks, and
other institutions to develop strategies that provide financing, facilities,
training, technical assistance, planning, and research to AFDC clients in
their efforts to own their own businesses."
Exception revised
SECTION 15. Section 43-5-1170(1) of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"(1) the head of household is permanently and totally disabled,
whether physical or mental;"
Conditions for transitional Medicaid and child care
SECTION 16. Section 43-5-1240(A) of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"(A) Subject to federal waiver, the department shall provide
transitional Medicaid and child care for a maximum of two years for
AFDC clients who lose eligibility because of employment or who become
employed after losing eligibility as a result of exceeding the
twenty-four-month time limit provided for in Section 43-5-1170. For
individuals who become employed after a period of ineligibility due to
exceeding the twenty-four-month time limit provided for in Section
43-5-1170, earnings must be less than poverty and continued employment
must be jeopardized by medical expenditures to be eligible for
transitional Medicaid and child care in the second year."
Time effective
SECTION 17. This act takes effect July 1, 1996.
In the Senate House June 13, 1996.
Robert L. Peeler,
President of the Senate
David H. Wilkins,
Speaker of the House of
Representatives
Became law without the signature of the Governor -- 6/20/96.
Printer's Date -- June 28, 1996 -- S.
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