H*3699 Session 108 (1989-1990)
H*3699(Rat #0296, Act #0195 of 1989) General Bill, By
House Medical, Military, Public and Municipal Affairs
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
20-7-852 so as to provide that in any proceeding in which child support is in
issue, the amount of the award which would result from from the application of
those guidelines required under Section 43-5-580(b) is the amount of the child
support to be awarded, to provide for exemptions; to amend Section 20-7-954,
relating to genetic tests required of the parents used for approving or
disapproving parentage, so as to require that in all child support cases
brought by the Child Support Enforcement Program the child and all parties in
a contested paternity case must be, upon the request of any party, ordered by
the court to submit to genetic testing, and to provide in all child support
cases, the child and all parties in a contested paternity case, upon the
request of any party, must be ordered by the court to submit to genetic
testing to determine paternity, and provide an exception, and provide that an
order issued under this Section is enforceable by contempt; to amend Section
20-7-1315, as amended, relating to definitions and procedures regarding the
withholding of income to secure payment of support obligations, so as to
provide when income withholding begins in Title IV-D cases and for immediate
withholding wages in certain cases; to amend Section 43-5-540, relating to the
exemption of individuals from the registration requirement in the South
Carolina Employables Program Act, so as to reduce from six to three the age of
a child whose mother or other relative caring for the child is exempt; to
amend Section 43-5-580, relating to the enforcement of support obligations of
absent parents under the Employables Program Act, so as to require the
Department to promulgate regulations which establish a scale of minimum
guidelines which must be applied by the courts in determining the amount that
an absent parent is expected to pay toward the support of a dependent child
under the provisions of the Employables Program Act; and to amend Section
43-5-590, relating to the powers and duties of the Department in accordance
with a federally-approved Child Support Plan, so as to delete the requirement
that the Federal Government provide Title IV-D services for a period of three
months from the month the family ceases to receive public assistance.-amended
title
03/16/89 House Introduced, read first time, placed on calendar
without reference HJ-13
03/21/89 House Objection by Rep. Taylor & Faber HJ-30
03/21/89 House Debate adjourned until Wednesday, March 22, 1989 HJ-30
03/23/89 House Debate adjourned until Tuesday, March 28, 1989 HJ-2
03/29/89 House Committed to Committee on Judiciary HJ-22
05/04/89 House Committee report: Favorable with amendment
Judiciary HJ-4
05/18/89 House Debate adjourned until Tuesday, May 23, 1989 HJ-31
05/24/89 House Amended HJ-35
05/24/89 House Read second time HJ-36
05/25/89 House Amended HJ-27
05/25/89 House Read third time and sent to Senate HJ-27
05/25/89 Senate Introduced, read first time, placed on calendar
without reference SJ-23
05/30/89 Senate Amended SJ-136
05/30/89 Senate Read second time SJ-137
05/30/89 Senate Unanimous consent for third reading on next
legislative day SJ-137
05/31/89 Senate Read third time and returned to House with
amendments SJ-7
06/01/89 House Debate adjourned HJ-50
06/01/89 House Concurred in Senate amendment and enrolled HJ-89
06/14/89 Ratified R 296
06/19/89 Signed By Governor
06/19/89 Effective date 06/19/89
06/19/89 Act No. 195
06/19/89 See act for exception to or explanation of
effective date
06/28/89 Copies available
(A195, R296, H3699)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
20-7-852 SO AS TO PROVIDE THAT IN ANY PROCEEDING IN WHICH CHILD SUPPORT IS IN
ISSUE, THE AMOUNT OF THE AWARD WHICH WOULD RESULT FROM THE APPLICATION OF THOSE
GUIDELINES REQUIRED UNDER SECTION 43-5-580(b) IS THE AMOUNT OF THE CHILD SUPPORT
TO BE AWARDED, TO PROVIDE FOR EXEMPTIONS; TO AMEND SECTION 20-7-954, RELATING TO
GENETIC TESTS REQUIRED OF THE PARENTS USED FOR APPROVING OR DISAPPROVING
PARENTAGE, SO AS TO REQUIRE THAT IN ALL CHILD SUPPORT CASES BROUGHT BY THE CHILD
SUPPORT ENFORCEMENT PROGRAM THE CHILD AND ALL PARTIES IN A CONTESTED PATERNITY
CASE MUST BE, UPON THE REQUEST OF ANY PARTY, ORDERED BY THE COURT TO SUBMIT TO
GENETIC TESTING, AND TO PROVIDE IN ALL CHILD SUPPORT CASES, THE CHILD AND ALL
PARTIES IN A CONTESTED PATERNITY CASE, UPON THE REQUEST OF ANY PARTY, MUST BE
ORDERED BY THE COURT TO SUBMIT TO GENETIC TESTING TO DETERMINE PATERNITY, AND
PROVIDE AN EXCEPTION, AND PROVIDE THAT AN ORDER ISSUED UNDER THIS SECTION IS
ENFORCEABLE BY CONTEMPT; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO
DEFINITIONS AND PROCEDURES REGARDING THE WITHHOLDING OF INCOME TO SECURE PAYMENT
OF SUPPORT OBLIGATIONS, SO AS TO PROVIDE WHEN INCOME WITHHOLDING BEGINS IN TITLE
IV-D CASES AND FOR IMMEDIATE WITHHOLDING WAGES IN CERTAIN CASES; TO AMEND SECTION
43-5-540, RELATING TO THE EXEMPTION OF INDIVIDUALS FROM THE REGISTRATION
REQUIREMENT IN THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, SO AS TO REDUCE FROM
SIX TO THREE THE AGE OF A CHILD WHOSE MOTHER OR OTHER RELATIVE CARING FOR THE
CHILD IS EXEMPT; TO AMEND SECTION 43-5-580, RELATING TO THE ENFORCEMENT OF
SUPPORT OBLIGATIONS OF ABSENT PARENTS UNDER THE EMPLOYABLES PROGRAM ACT, SO AS
TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS WHICH ESTABLISH A SCALE OF
MINIMUM GUIDELINES WHICH MUST BE APPLIED BY THE COURTS IN DETERMINING THE AMOUNT
THAT AN ABSENT PARENT IS EXPECTED TO PAY TOWARD THE SUPPORT OF A DEPENDENT CHILD
UNDER THE PROVISIONS OF THE EMPLOYABLES PROGRAM ACT; AND TO AMEND SECTION
43-5-590, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT IN ACCORDANCE WITH
A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO DELETE THE REQUIREMENT THAT THE
FEDERAL GOVERNMENT PROVIDE TITLE IV-D SERVICES FOR A PERIOD OF THREE MONTHS FROM
THE MONTH THE FAMILY CEASES TO RECEIVE PUBLIC ASSISTANCE.
Whereas, the General Assembly finds that it is in the public interest to comply
with the mandates of the Federal Family Support Act of 1988 relating to state
guidelines in determining child support, periodic review of support orders,
income withholding, participation in the work support program, and genetic
testing to determine paternity; and
Whereas, the General Assembly finds that it is the responsibility of parents
first to support their children and that the Federal Family Support Act of 1988
ensures that parents meet their obligations to their children. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Child support proceeding - amount of award
SECTION 1.A. The 1976 Code is amended by adding:
"Section 20-7-852. (A) In any proceeding in which child support is in
issue, the amount of the award which would result from the application of those
guidelines required under Section 43-5-580(b) is the amount of the child support
to be awarded. However, a different amount may be awarded upon a showing that
application of the guidelines in a particular case would be unjust or
inappropriate. When the court orders a child support award that varies
significantly from the amount resulting from the application of the guidelines,
the court shall make specific, written findings of those facts upon which it
bases its conclusion supporting that award.
(B) Application of these guidelines to an existing child support order, in
and of itself, is not considered a change in circumstances for the modification
of that existing order.
(C) Pursuant to Section 43-5-580(b), the department shall promulgate
regulations which include addressing child support guidelines. The department
shall review these regulations at least once every four years to insure that
their application results in appropriate child support award amounts."
B. Subsections (A) and (B) of Section 20-7-852 of the 1976 Code, as amended
by subsection A of this section, take effect January 31, 1990.
Genetic testing
SECTION 2.A. Section 20-7-954 of the 1976 Code is amended to read:
"Section 20-7-954. (A) As soon as practicable after an action has been
commenced, the court, upon its motion or that of an interested party, may order
the natural mother, the putative father, and the child to submit to genetic tests
such as red blood cell antigen testing, human leukocyte antigen (HLA) testing,
electrophoresis, or other tests which have been developed for the purpose of
proving or disproving parentage and which are reasonably accessible. If the court
orders any of these tests, and if the action is commenced prior to the birth of
the child, the court shall also order that the tests be made as soon as medically
feasible after the birth of the child. The tests must be performed under the
supervision of a qualified expert. In all cases the court shall determine the
number and the qualifications of experts, except that the parties may submit for
the court's approval a written stipulation regarding experts and facilities to
be used for testing. The costs of any tests not disposed of by written
stipulation must be paid by the parties as ordered by the court. However, in any
action initiated pursuant to Section 43-5-220 where the court determines that the
respondent is indigent, the court may order that these costs be borne by the
petitioner. When the State of South Carolina is the petitioner and the respondent
is indigent and the court orders the petitioner to pay these costs, they must be
paid from amounts collected under the Child Support Enforcement Program (Title
IV-D).
(B) For all child support cases, the child and all other parties in a
contested paternity case, upon the request of any party, must be ordered by the
court to submit to genetic testing to determine paternity. This testing is not
required where the individual involved has good cause for failing to cooperate
including, but not limited to, Sections 402(a) (26) (B) of the Social Security
Act.
(C) Any order issued under this section is enforceable by contempt."
B. This section takes effect November 1, 1989.
Income Withholding
SECTION 3.A. Section 20-7-1315 of the 1976 Code, as last amended by Act 152 of
1987, is further amended by adding:
"(K) Income withholding begins in all Title IV-D cases the earliest of:
(1) the date on which the payments which the absent parent has failed to
make under a support order constitutes a delinquency under subsection (A)(2); or
(2) the date the absent parent requests withholding to begin; or
(3) the date the custodial parent requests withholding to begin, if the
State determines, in accordance with the procedures and standards as it may
establish, that the request be approved. In the event income withholding begins
pursuant to the accumulation of a delinquency under subsection (A)(2), the
provisions of this section giving notice and hearing for the obligor apply.
Where the custodial parent requests income withholding pursuant to this
subsection, notice of the request must be provided to the absent parent by the
clerk of court, and if the absent parent objects to the income withholding within
ten days after the postmarked date of the notice, a hearing must be held, and the
family court shall subject the absent parent's wages to withholding unless the
court finds that there is good cause not to require immediate income withholding.
Where there is no objection by the absent parent after proper notice, the clerk
of court shall implement immediate income withholding.
(L) For all Title IV-D cases issued or modified on or after November 1, 1990,
the wages of an absent parent are subject to immediate withholding as of the
effective date of the order, without the requirement that an arrearage
accumulate. These wages are not subject to withholding in any case where:
(1) one of the parties demonstrates and the court finds, that there is good
cause not to require immediate income withholding; or
(2) a written agreement is reached between both parties which provides for
an alternative arrangement."
B. This section takes effect October 1, 1989.
Exemption from work registration requirement
SECTION 4. A. Section 43-5-540(a)(4) of the 1976 Code is amended to read:
"(4) The mother or other relative of a child under the age of three who
is caring for the child;".
B. This section takes effect October 1, 1989.
Promulgation of regulations
SECTION 5. Section 43-5-580(b) of the 1976 Code is amended to read:
"(b) The department shall promulgate regulations which establish
guidelines for minimum contributions which must be applied by the courts in
determining the amount that an absent parent is expected to pay toward the
support of a dependent child. Copies of the guidelines must be made available
to courts, district attorneys, and to the public. The guidelines formulated
pursuant to this section must be applied pursuant to the provisions of Section
20-7-852."
Assignment - child support payments
SECTION 6. Section 43-5-590(c) of the 1976 Code is amended to read:
"(c) Provide that in any case in which the child support payments are
collected for a child with respect to whom an assignment has been made pursuant
to subitem (ii) of item (a) of this section the payment is made to the department
for distribution pursuant to item (g) of this section except for those payments
made for any month in which the amount collected is sufficient to make the family
ineligible for assistance. The department shall pay the amounts to the recipient
consistent with federal laws and regulations. Whenever a family ceases receiving
public assistance the assignment pursuant to subitem (ii) of item (a) of this
section terminates except with respect to the amount of any unpaid support
obligation that has accrued under the assignment. From this amount the
department shall attempt to collect the unpaid obligation and distribute the
amounts consistent with federal laws and regulations. The department may not
charge fees or recover costs from support collections and shall pay all amounts
collected which represent monthly support payments and arrearage owed to the
family. The department shall continue to provide all appropriate IV-D services
and distribute any amounts collected consistent with federal laws and regulations
except that the department may not require any formal application or impose an
application fee but may recover costs consistent with federal laws and
regulations pursuant to item (f) of this section."
Time effective
SECTION 7. Except as specifically provided otherwise, this act takes effect
upon approval by the Governor. |