Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
May 26, 2004
H. 4575
S. Printed 5/26/04--S.
Read the first time April 6, 2004.
To whom was referred a Bill (H. 4575) to amend the Code of Laws of South Carolina, 1976, by adding Section 20-7-862 so as to require a clerk of court to serve notice of a, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Subarticle 3, Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-862. (A) If pursuant to family court rule, the clerk of court issues a rule to show cause in a case of child support or periodic alimony arrearage, the clerk also shall provide written notice to the party owed the support or alimony. The notice to the party owed support or alimony must:
(1) be provided by the court at least five days prior to the hearing;
(2) be sent by first class delivery through the United States Postal Service and addressed to the party's last address on file with the court; and
(3) include the date, time, and place the party in arrears has been ordered to appear.
(B) The mailing provided for in subsection (A) is considered sufficient notice of the hearing to the party owed the support or alimony.
(C) The clerk of court shall place in the case file a copy of the notice sent to the party owed support or alimony with the time and date stamped on the copy.
(D) This section does not apply to a rule to show cause in a case of child support or periodic alimony arrearage issued by a clerk of court pursuant to family court rule if the party owed the support or alimony is represented by the Department of Social Services."
SECTION 2. This act takes effect upon approval by the Governor and applies to rules to show cause issued on and after the effective date of this act. /
Renumber sections to conform.
Amend title to conform.
VINCENT A. SHEHEEN for Committee.
EXPLANATION OF IMPACT:
The Department of Social Services and the Judicial Department state that this bill would have no impact on the General Fund of the State or on federal and/or other funds as the proposed legislation applies to the Clerks of Court.
LOCAL GOVERNMENT IMPACT:
Two county governments indicated enactment would have no impact, or minimal impact, upon implementation. One indicated the need for additional staff estimated at $50,000 annually to ensure written notification is provided. Any impact associated with placing in the file the notice with the time and date stamped on it should be minimal.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-862 SO AS TO REQUIRE A CLERK OF COURT TO SERVE NOTICE OF A RULE TO SHOW CAUSE HEARING FOR AN ARREARAGE IN CHILD SUPPORT OR PERIODIC ALIMONY TO THE PARTY OWED THE SUPPORT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 3, Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-862. (A) If the court issues a rule to show cause in a case of child support or periodic alimony arrearage, the court also shall provide written notice to the party owed the support. The notice must be provided at least five days before the hearing and must include the date, time, and place the party in arrears has been ordered to appear.
(B) The clerk of court shall place in the case file a notice issued with the time and date stamped on it."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 9:51 A.M.