Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
May 27, 2004
S. Printed 5/27/04--S.
Read the first time April 6, 2004.
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.
Amend Title To Conform
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 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.
This web page was last updated on Thursday, June 25, 2009 at 9:51 A.M.