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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1537 SO AS TO PROVIDE THAT VISITATION IS SUSPENDED FOR A PARENT WHO IS ONE MONTH OR MORE IN ARREARS IN PAYING CHILD SUPPORT AND THAT VISITATION RESUMES WHEN THERE IS NO ARREARAGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-1537. (A) Notwithstanding any other provision of law, visitation is suspended for a parent who is one month or more in arrears in paying child support, and visitation only resumes when there is no child support arrearage.
(B(1) If child support is paid through the family court, records of the arrearage, as maintained by the court, are prima facie evidence for the suspension and resumption of visitation pursuant to subsection (A) and take effect immediately upon the occurrence of the one month arrearage or payment of all arrearages.
(2) If child support is not paid through the family court, a person must file an affidavit and rule to show cause with the family court for the suspension and resumption of visitation pursuant to subsection (A). A hearing on the matter must be held within ten days of an affidavit and rule to show cause being filed.
(C) The family court shall develop, and make available to the public, forms to be used to effectuate the provisions of this section."
SECTION 2. This act takes effect July 1, 2008.
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