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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senators Young and Shealy
Document Path: l:\s-res\try\027pacs.dmr.try.docx
Companion/Similar bill(s): 5092
Introduced in the Senate on February 13, 2018
Currently residing in the Senate Committee on Judiciary
Summary: Child support, income withholding
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/13/2018 Senate Introduced and read first time (Senate Journal-page 6) 2/13/2018 Senate Referred to Committee on Judiciary (Senate Journal-page 6) 3/2/2018 Senate Referred to Subcommittee: Massey (ch), McElveen, Senn
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VERSIONS OF THIS BILL
TO AMEND SECTIONS 63-17-1420(C) AND (D); 63-17-1440(A) AND (B); 63-17-1460(A), (E), (F) AND (G); 63-17-1470; 63-17-1480; 63-17-1500; AND 63-17-1520 OF THE 1976 CODE, RELATING TO INCOME WITHHOLDING TO ENFORCE CHILD SUPPORT, TO REMOVE ANY REFERENCE TO "CLERK OF COURT" AND INSERT THE TERM "AUTHORIZED AGENCY," AND TO DEFINE THE TERM "AUTHORIZED AGENCY."
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 63-17-1410 of the 1976 Code is amended by adding an appropriately numbered new item to read:
"( ) 'Authorized agency' means the clerk of court or the Child Support Services Division of the Department of Social Services."
SECTION 2. Section 63-17-1420(C) and (D) of the 1976 Code is amended to read:
"(C) Income withholding must be initiated in all Title IV D cases upon the request of the obligee without the necessity of a delinquency, if the State approves the request in accordance with the procedures and standards as it may establish. If the obligee requests income withholding pursuant to this section, notice of the request must be provided to the obligor by the
clerk of court authorized agency, and if the obligor objects to the income withholding within ten days after the postmarked date of the notice, a hearing must be held, and the family court shall subject the obligor's income to withholding unless the court finds that there is good cause not to require immediate income withholding. Where there is no objection by the obligor after proper notice, the clerk of court authorized agency shall implement immediate income withholding.
(D) If an obligor, whose wages are not withheld and who is not required to pay through the family court, is found to be, or is found to have been, delinquent pursuant to an order for support in an amount equal to three or more month's support obligation, the
clerk of court authorized agency must order the obligor's wages enrolled for wage withholding to begin immediately for the payment of the obligor's support obligation, even if the arrearage has been fully or partially paid at the time of the hearing."
SECTION 3. Section 63-17-1440(A) and (B) of the 1976 Code is amended to read:
"(A) If a delinquency occurs, the
clerk of court authorized agency shall prepare, file, and serve on the obligor a verified notice of delinquency within fifteen calendar days of the delinquency if the obligor's address is known or if the address is not known, within fifteen calendar days of locating the obligor. If the obligor makes payments pursuant to an order for support directly to the obligee and the obligee seeks income withholding, the notice of delinquency must be verified by the obligee and then served on the obligor by the clerk of court authorized agency as with any other notice of delinquency.
(B) The verified notice of delinquency must be served on the obligor by regular mail addressed to the obligor's last known address or place of employment. Upon mailing the notice, the
clerk of court authorized agency shall file a certificate of mailing stating the name and address to which the notice was mailed and the date on which it was mailed. If service cannot be effected as set forth in this section, the obligor may be served as prescribed for service in civil actions."
SECTION 4. Section 63-17-1460(A), (E), (F), and (G) of the 1976 Code is amended to read:
"Section 63-17-1460. (A) Fifteen days following the mailing of the notice of the delinquency to the obligor and if no petition to stay service has been filed, the
clerk of court authorized agency shall serve a notice to withhold on the payor or its agent by regular mail and may record the arrearage pursuant to Section 63-17-1600."
"(E) The employer shall promptly pay the amount withheld to the State Disbursement Unit within seven working days of the date income is withheld, in accordance with the notice to withhold and in accordance with any notification received from the
clerk of court authorized agency concerning withholding. The payor shall provide the date on which the income is withheld.
(F) After the obligor's arrearage has been satisfied, the
clerk of court authorized agency shall serve the payor by regular mail a notice of reduction of withholding. The notice shall inform the payor of the satisfied amount and direct the payor to discontinue withholding the additional amount as prescribed in the notice.
(G) Within twenty days after the obligor is no longer employed by the payor, the payor shall return a copy of the notice to withhold to the
clerk of court authorized agency and shall notify the clerk of court authorized agency in writing of the date the obligor's employment terminated, the date of the obligor's final paycheck, the obligor's home address, and obligor's new employer and address, if known."
SECTION 5. Section 63-17-1470 of the 1976 Code is amended to read:
"Section 63-17-1470. (A) The
clerk of court authorized agency may suspend income withholding because of inability to deliver the income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery. Upon relocating the obligee and upon meeting the requirements of notice and service pursuant to this article, income withholding must be reinstated.
(B) An obligor may petition the court at any time to terminate income withholding pursuant to a notice to withhold:
(1) if there is no longer a current order for support and all arrearages are paid; or
(2) if the obligor requests termination and withholding has not been terminated previously and subsequently reinstated and the obligor meets the conditions for an alternative arrangement.
However, if termination is granted and subsequently a delinquency occurs, the
clerk of court authorized agency shall reinstate withholding procedures by complying with all requirements for notice and service pursuant to this article.
clerk of court authorized agency shall serve on the payor by regular mail a copy of any order entered pursuant to this section or Section 63 17 1450(D) that affects the duties of the payor. If service cannot be effected as set forth in this section, the payor may be served as prescribed for service in civil actions.
(D) The notice to withhold continues to be binding upon the payor until service of any order of the court entered under this section or Section 63-17-1450(D) or until notice is served on the payor by the
clerk of court authorized agency that the underlying order is, for other reasons such as expiration of the support obligation, no longer in effect."
SECTION 6. Section 63-17-1480 of the 1976 Code is amended to read:
"Section 63-17-1480. An obligee who is receiving income withholding payments under this article shall notify the
clerk of court authorized agency of any change of address within seven days of the change."
SECTION 7. Section 63-17-1500 of the 1976 Code is amended to read:
"Section 63-17-1500. An obligor whose income is being withheld or who has been served with a notice of delinquency pursuant to this article shall notify the
clerk of court authorized agency of any new payor and of the availability of health insurance for any children for whom support is ordered within seven days after employment commences."
SECTION 8. Section 63-17-1520 of the 1976 Code is amended to read:
"Section 63-17-1520. Upon receiving any other support payment including, but not limited to, a tax offset under federal or state law or any payment toward an arrearage, the Department of Social Services, within the time permitted by Title IV D of the Social Security Act, shall provide notice of the payment to the
clerk of court authorized agency."
SECTION 9. This act takes effect upon approval by the Governor.
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