Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 9, 2008
H. 3359
Introduced by Reps. Gullick, Mulvaney, Simrill, Kirsh, Delleney and Shoopman
S. Printed 4/9/08--H.
Read the first time January 25, 2007.
To whom was referred a Bill (H. 3359) 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, 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:
/SECTION 1. Article 1, Chapter 3, Title 20 of the 1976 Code is amended by adding:
"Section 20-3-135. A marriage that would otherwise be lawful that is declared void ab initio by reason of fraud, does not relieve the party committing the fraud of the duty to provide spousal support that would have otherwise existed pursuant to Section 20-3-130."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
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.
This web page was last updated on Monday, June 22, 2009 at 2:38 P.M.