Current StatusView additional legislative information at the LPITS web site.Bill Number: 4007 Ratification Number: 766 Act Number 650 Introducing Body: House Subject: Relating to family court jurisdiction in domestic matters
(A650, R766, H4007)
AN ACT TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION IN DOMESTIC MATTERS, SO AS TO PROVIDE FOR JURISDICTION TO COMPEL ACTION UNDER THE CHILDREN'S CODE, PROTECTION FROM DOMESTIC ABUSE ACT, AND PROVISIONS PROTECTING DEVELOPMENTALLY DISABLED AND SENILE PERSONS AND TO APPOINT AND PROVIDE COMPENSATION FOR GUARDIANS AD LITEM AND TO PROVIDE FOR THE COURT IN MARITAL LITIGATION WHICH PRAYS FOR THE ALLOWANCE OF SUIT MONEY TO ALLOW A REASONABLE SUM FOR THE CLAIM IF IT APPEARS WELL-FOUNDED AND FOR THE ASSESSMENT OF SUIT MONEY, INCLUDING ATTORNEY'S FEES, WHICH MUST NOT BE STAYED BY AN APPEAL.
Be it enacted by the General Assembly of the State of South Carolina:
Jurisdiction expanded
SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding appropriately numbered items at the end to read:
"( ) To issue orders compelling public officials and officers to perform official acts under Chapter 7, Title 20, the Children's Code, Chapter 4, Title 20, Protection from Domestic Abuse Act, and Chapter 29, Title 43, Protective Services for Developmentally Disabled and Senile Persons.
( ) To appoint guardians ad litem and determine their compensation, fees, and costs and to assess as compensation, fees, and costs against the person represented by the guardian ad litem or against any other person or party involved in the action."
Marital litigation; reasonable suit money
SECTION 2. Section 20-7-420(2) of the 1976 Code is amended to read:
"(2) To hear and determine actions:
For divorce a vinculo matrimonii, separate support and maintenance, legal separation, and in other marital litigation between the parties, and for settlement of all legal and equitable rights of the parties in the actions in and to the real and personal property of the marriage and attorney's fees, if requested by either party in the pleadings.
In any action where either party in his or her complaint, answer, counterclaim, or motion for pendente lite relief prays for the allowance of suit money pendente lite and permanently, the court shall allow a reasonable sum for the claim if it appears well-founded. Suit money, including attorney's fees, may be assessed for or against any party to any action brought in or subject to the jurisdiction of the family court. An award of temporary attorney's fees or suit costs must not be stayed by an appeal of the award."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.