Current Status Bill Number:430 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950131 Primary Sponsor:Martin All Sponsors:Martin Drafted Document Number:br1\18097ac.95 Companion Bill Number:3425 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Child custody, support cases
Body Date Action Description Com Leg Involved
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Senate 19950131 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1525 SO AS TO PROVIDE THAT A PARTY MAY NOT COUNTERCLAIM FOR CUSTODY IN AN ACTION FOR MODIFICATION OF THE CHILD SUPPORT AMOUNT AND TO FURTHER PROVIDE THAT IF A SEPARATE ACTION FOR CUSTODY IS BROUGHT AFTER A MODIFICATION ACTION, THE TWO MAY NOT BE JOINED AND THE MODIFICATION ACTION MUST BE RESOLVED BEFORE THE CUSTODY ACTION MAY BE HEARD.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-1525. Notwithstanding any other provision of law or court rule, a party may not counterclaim for custody of a child in an action brought for a modification of the child support amount. This section does not preclude a person from bringing a separate action for custody. However, if an action for custody is brought subsequent to an action for modification of child support, the actions may not be joined and the modification action must be finally resolved before the custody action may be heard."
SECTION 2. This act takes effect upon approval by the Governor.