South Carolina General Assembly
117th Session, 2007-2008

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Bill 3359


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-135 SO AS TO PROVIDE THAT A MARRIAGE DECLARED VOID AB INITIO BY REASON OF FRAUD DOES NOT RELIEVE THE PARTY COMMITTING THE FRAUD OF THE REQUIREMENTS OF EQUITABLE DISTRIBUTION OR THE DUTY OF SPOUSAL SUPPORT OR CHILD SUPPORT AND TO PROVIDE THAT A CHILD BORN DURING THE RELATIONSHIP IS PRESUMED TO BE THE CHILD OF THE PARTIES FOR PURPOSES OF CHILD SUPPORT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Article 1, Chapter 3, Title 20 of the 1976 Code is amended by adding:

"Section 20-3-135.    A marriage that is declared void ab initio by reason of fraud, does not relieve the party committing the fraud of the requirements of equitable distribution or the duty to provide spousal support that would have otherwise existed or for support of a child born to that relationship. A child born during the subsequently voided marriage is presumed to be the child of the parties for purposes of child support."

SECTION    2.    This act takes effect upon approval by the Governor.

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