H*4844 Session 110 (1993-1994)
H*4844(Rat #0615, Act #0494) General Bill, By J.S. Shissias, Cobb-Hunter,
J.L.M. Cromer, Govan, H.G. Hutson, Inabinett, J.G. Mattos, J.T. McElveen,
J.H. Neal, C.C. Wells and S.S. Wofford
Similar(S 1316)
A Bill to amend Title 20, Chapter 7, Article 9, Subarticle 5, Code of Laws of
South Carolina, 1976, relating to the Uniform Reciprocal Enforcement of
Support Act, so as to replace this Act with the Uniform Interstate Family
Support Act, to provide uniform legislation to assist with the interstate
enforcement of support and to provide civil and criminal enforcement
procedures; to amend Section 15-35-910, relating to definitions in the Uniform
Enforcement of Foreign Judgments Act, so as to revise a cross reference; and
to preserve rights and duties under the former Uniform Reciprocal Enforcement
of Support Act; and to amend Section 20-7-490, as amended, relating to
definitions in the Children's Code, so as to revise the definition of "a
person responsible for a child's welfare".-amended title
03/01/94 House Introduced and read first time HJ-17
03/01/94 House Referred to Committee on Judiciary HJ-18
03/30/94 House Committee report: Favorable with amendment
Judiciary HJ-27
04/19/94 House Amended HJ-81
04/19/94 House Read second time HJ-82
04/20/94 House Read third time and sent to Senate HJ-32
04/21/94 Senate Introduced and read first time SJ-28
04/21/94 Senate Referred to Committee on Judiciary SJ-28
05/18/94 Senate Committee report: Favorable with amendment
Judiciary SJ-35
05/24/94 Senate Amended SJ-65
05/24/94 Senate Read second time SJ-66
05/24/94 Senate Ordered to third reading with notice of
amendments SJ-66
05/25/94 Senate Amended SJ-273
05/26/94 Senate Read third time and returned to House with
amendments SJ-39
06/02/94 House Concurred in Senate amendment and enrolled HJ-38
06/02/94 Ratified R 615
07/14/94 Signed By Governor
07/14/94 Effective date 07/01/94
07/28/94 Copies available
(A494, R615, H4844)
AN ACT TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9,
SUBARTICLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF
SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE
UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE
UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE
ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND
CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION
15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM
ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO
REVISE A CROSS REFERENCE; TO PRESERVE RIGHTS AND
DUTIES UNDER THE FORMER UNIFORM RECIPROCAL
ENFORCEMENT OF SUPPORT ACT; AND TO AMEND SECTION
20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE
CHILDREN'S CODE, SO AS TO REVISE THE DEFINITION OF
"A PERSON RESPONSIBLE FOR A CHILD'S
WELFARE".
Be it enacted by the General Assembly of the State of South Carolina:
Uniform Interstate Family Support Act
SECTION 1. Title 20, Chapter 7, Article 9, Subarticle 5 of the 1976 Code
is 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 agency
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, arrearages,
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 tribunal of this State is the family court.
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 family court 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 family court 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 20-7-1200 do not apply, and the family court 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 the family court 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) The family court 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) The family court 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) The family court 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) The family court 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, the
family court 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) The family court 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) The family court 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) The family court 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 family court 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 the family court 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,
the family court 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, the family
court 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, the family court shall enforce those orders in the same
manner as if the multiple orders had been issued by the family court.
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 the family court.
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) The family court has jurisdiction to:
(1) modify an order of child support or spousal support issued by the
family court;
(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, the family court 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) The family court 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 arrearages, 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 family court or issuing 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
family court of this State, the family court shall forward the complaint and
accompanying documents to the appropriate family court or to the
appropriate tribunal 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 tribunal to obtain jurisdiction
over the defendant;
(2) request the 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
family courts 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 family court 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) The tribunal shall order the payment of costs and reasonable
attorney's fees if it determines that a hearing was requested primarily for
delay. In a proceeding under Section 20-7-1135 through 20-7-1190, 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 family
court, when the court is a responding tribunal, 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 the family
court 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) The family court 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. The family court 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. The family court 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. The family court 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 the family court
shall disburse promptly any amounts received pursuant to a support order
as directed by the order. The agency or family court 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, the family court, as a responding
tribunal, or the family court in which a complaint has been filed pursuant to
Section 20-7-1010(B) 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) The family court 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, the family court 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 the family court 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 the family court; 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 20-7-1150 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 20-7-1135. 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 20-7-1140. (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 20-7-1145. (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 20-7-1135 through 20-7-1190, the
family court shall recognize and enforce and may not modify a registered
order if the issuing tribunal had jurisdiction.
Section 20-7-1150. (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 arrearages of a registered support order.
(B) In a proceeding for arrearages the statute of limitations under the
laws of this State or of the issuing state, whichever is longer, applies.
Section 20-7-1155. (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 arrearages, 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 the alleged arrearages 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 the family court.
(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 20-7-1160. (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 arrearages pursuant to Section 20-7-1165.
(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 20-7-1165. (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 20-7-1150 precludes
enforcement of any arrearages.
(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 20-7-1170. 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 20-7-1175. 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 20-7-1135 through 20-7-1150. 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 20-7-1180. After a child support order of another state is
registered for purposes of modification, it may be enforced by the family
court in the same manner as a support order issued by the family court, but
the registered order may be modified only if the requirements of Section
20-7-1185 are met.
Section 20-7-1185. (A) After a child support order of another state has
been registered in this State, the family court 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 the family court; or
(2) a party who is a natural person or the child is subject to the
personal jurisdiction of the family court and all the parties who are natural
persons have filed an agreement in the issuing tribunal providing that the
family court 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 the family court and may be enforced and satisfied in
the same manner.
(C) The family court 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, the family court 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 20-7-1190. The family court 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 arrearages 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 20-7-1195. (A) The family court 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 20-7-1200, the family court
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 20-7-1200. (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, the family court may resolve the question of parentage against
the defendant. If a plaintiff refuses to comply with an order for testing for
parentage, the court 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 the family court shall
order the presumed parent to pay temporary child support. The family
court 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 20-7-1205. (A) For purposes of this section and Section
20-7-1210, `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 20-7-1210. (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 20-7-1215. 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 20-7-1220. 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."
Cross reference revised
SECTION 2. Section 15-35-910(1) of the 1976 Code, as added by Act 80
of 1993, is amended to read:
"(1) `Foreign judgment' means a judgment, decree, or order of a
court of the United States or a court of another state which is entitled to full
faith and credit in this State, except any orders as defined in Section
20-7-965 (the Uniform Interstate Family Support Act) or a `custody decree',
as defined in Section 20-7-786 (the Uniform Child Custody Jurisdiction
Act)."
Savings clause
SECTION 3. The repeal or amendment by this act of any law, whether
temporary or permanent or civil or criminal, does not affect pending
actions, rights, duties, or liabilities founded thereon, or alter, discharge,
release, or extinguish any penalty, forfeiture, or liability incurred under the
repealed or amended law, unless the repealed or amended provision so
expressly provides. After the effective date of this act, all laws repealed or
amended by this act must be taken and treated as remaining in full force
and effect for the purpose of sustaining any pending or vested right, civil
action, special proceeding, criminal prosecution, or appeal existing as of
the effective date of this act and for the enforcement of rights, duties,
penalties, forfeitures, and liabilities as they stood under the repealed or
amended laws.
Definition revised
SECTION 4. Section 20-7-490(E) of the 1976 Code, as last amended by
Act 164 of 1993, is further amended to read:
"(E) `A person responsible for a child's welfare' includes the
child's parent, guardian, foster parent, an operator, employee, or caregiver
as defined by Section 20-7-2700 of a public or private residential home,
institution, agency, or child day care facility or a person who has assumed
the role or responsibility of a parent or guardian for the child, but who does
not necessarily have legal custody of the child. A person whose only role
is as a caregiver and whose contact is only incidental with a child, such as a
babysitter, or a person who has only incidental contact but may not be a
caregiver, has not assumed the role or responsibility of a parent or
guardian. An investigation pursuant to Section 20-7-650 shall be initiated
when the information contained in a report otherwise sufficient under this
section does not establish whether the subject has assumed the role or
responsibility of a parent or guardian for the child."
Time effective
SECTION 5. This act takes effect July 1, 1994.
Approved the 14th day of July, 1994. |