Current Status Introducing Body:House Bill Number:4801 Primary Sponsor:Shissias Committee Number:25 Type of Legislation:GB Subject:Paternity and child support agreements Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/15649AC.94 Introduced Date:19940223 Last History Body:House Last History Date:19940223 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Shissias Cromer Cobb-Hunter Inabinett McElveen Neal Wells Hutson Govan Mattos Wofford Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4801 House 19940223 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 20-7-955, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SETTLEMENTS AND VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD SUPPORT CASES, SO AS TO REQUIRE THE COURT TO APPROVE THESE AGREEMENTS UPON A FINDING OF FAIRNESS AND TO REQUIRE THAT A SUMMONS AND COMPLAINT BE FILED WITH THESE AGREEMENTS IN ORDER FOR A PARTY TO SUBMIT TO THE JURISDICTION OF THE COURT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-955 of the 1976 Code is amended to read:
"Section 20-7-955. (A) The court must encourage settlements and voluntary agreements and must examine and approve them whenever they are warranted. Upon a finding of fairness the court may shall approve, without a hearing, settlements, and voluntary agreements which are reduced to writing, signed by the parties, and properly verified. The agreement must be accompanied by financial declarations and affidavits from the parties custodial and noncustodial parents stating that they have read, or have had read to them, and understand the agreement and that they have voluntarily executed the agreement or consent order. The parties may submit themselves to the jurisdiction of the court by a settlement or voluntary agreement without the necessity of filing a written petition or service of process which must be filed with the summons and complaint. A respondent's defendant's affidavit must state that he the defendant is capable of fulfilling any financial requirements of the agreement or consent order applicable to him the defendant. Upon the court's approval, the settlement or voluntary agreement shall become becomes an order of the court.
(B) In actions commenced by the Department of Social Services or any other authorized agency, any an employee of such the department or the agency or of the Attorney General's Office who is familiar with the action may make, on behalf of the petitioner custodial parent, the required affidavit accompanying a settlement, voluntary agreement, or consent order. In cases where the child is the recipient of public assistance, the affidavit must state:
(1) That that the employee is familiar with the particular case involved.
(2) That he has reviewed the case.
(3) That he knows or believes that the Department of Social Services, in furtherance of state and federal policies and regulations, has determined and that the child involved to be destitute and in need of is receiving public assistance due in part to inadequate support from the respondent.
(4) That the child is presently the recipient of some type of public assistance in order to maintain a subsistent standard of living noncustodial parent."
SECTION 2. This act takes effect upon approval by the Governor.