Current Status Bill Number:1004 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980210 Primary Sponsor:Glover All Sponsors:Glover and Ford Drafted Document Number:res1578.mwg Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Child support enforcement, noncustodial parent not to be incarcerated when trying to comply with order; Minors
Body Date Action Description Com Leg Involved
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Senate 19980210 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 20-7-852 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD SUPPORT AWARDS, SO AS TO ADD ADDITIONAL FACTORS THAT MUST BE CONSIDERED BY THE COURT AS POSSIBLE REASONS FOR DEVIATION FROM THE CHILD SUPPORT GUIDELINES OR MAY BE USED IN DETERMINING WHETHER A CHANGE IN CIRCUMSTANCES HAS OCCURRED WHICH WOULD REQUIRE A MODIFICATION OF AN EXISTING ORDER, AND TO PROHIBIT THE INCARCERATION OF A NONCUSTODIAL PARENT WHO HAS MADE REASONABLE EFFORTS TO COMPLY WITH A SUPPORT ORDER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-852(C) is amended by adding:
"(14) permanent or temporary loss of employment by the noncustodial parent notice of which is received by the court within ten working days of the employment termination;
(15) permanent or temporary disability of the noncustodial parent notice of which is received by the court within ten working days of the diagnosis by the treating physician;
(16) partial payments of at least fifty percent of the monthly support obligation for each of the months preceding the notice, made by the noncustodial parent due to circumstances beyond the noncustodial parent's control which make full payments impracticable to maintain, provided that the circumstances are documented and proof of the partial payment is maintained. The noncustodial parent must provide notice to the court of the circumstances which make full support payments impracticable and provide proof of partial payments within a reasonable time after the occurrence of the events affecting his ability to pay. The noncustodial parent must notify the court and resume full payments immediately upon resolution of the circumstances which adversely affect his ability to pay at which time the court, in its discretion, may assess a reasonable surcharge on the monthly payments to alleviate any arrearage created by the partial payments; and
(17) the net income of the noncustodial parent."
SECTION 2. Section 20-7-852 is further amended by adding:
"(E) Notwithstanding any other provision of law, the court shall not incarcerate a noncustodial parent who is gainfully employed or making reasonable efforts to find gainful employment and can demonstrate through credible evidence that reasonable efforts have been made to comply with a support order. Credible evidence of reasonable efforts to comply with a support order includes, but is not limited to, proof of partial payments of at least fifty percent of the monthly support obligation for each of the months preceding the date notice is supplied to the court by the noncustodial parent of the circumstances which make maintaining full payment impracticable."
SECTION 3. This act takes effect upon approval by the Governor.