Current Status Bill Number:View additional legislative information at the LPITS web site.287 Ratification Number:403 Act Number:356 Introducing Body:Senate Subject:Uniform Enforcement of Support Act
(A356, R403, S287)
AN ACT TO AMEND SUBARTICLE 5 OF ARTICLE 9 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO ENACT THE REVISED UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT (1968); AND TO AMEND SECTION 43-5-220, AS AMENDED, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, AMOUNT, AND PROCEEDINGS, SO AS TO PROVIDE THAT IN THE CASE OF AN INDIVIDUAL NOT OTHERWISE ELIGIBLE FOR COLLECTION SERVICES, A FEE MUST BE IMPOSED IN AN AMOUNT EQUAL TO THE AMOUNT PERMITTED BY FEDERAL LAW.
Be it enacted by the General Assembly of the State of South Carolina:
Revised Uniform Reciprocal Enforcement of Support Act enacted
SECTION 1. Subarticle 5 of Article 9 of Chapter 7 of Title 20 of the 1976 Code, created by Act 71 of 1981, is amended to read:
"Subarticle 5
Part I. General Provisions
Section 20-7-960. This subarticle may be cited as the 'Revised Uniform Reciprocal Enforcement of Support Act (1968)'.
Section 20-7-965. The purposes of this subarticle are to improve and extend by reciprocal legislation the enforcement of duties of support.
Section 20-7-970. As used in this subarticle unless the context requires otherwise:
(a) 'Court' means the family court of this State and, when the context requires, means the court of any other state as defined in a substantially similar reciprocal law.
(b) 'Duty of support' means a duty of support whether imposed or imposable by law or by order, decree, or judgment of any court, whether interlocutory or final or whether incidental to an action for divorce, separation, separate maintenance, or otherwise and includes the duty to pay arrearages of support past due and unpaid.
(c) 'Governor' includes any person performing the functions of Governor or the executive authority of any state covered by this subarticle.
(d) 'Initiating state' means a state in which a proceeding pursuant to this or a substantially similar reciprocal law is commenced. 'Initiating court' means the court in which a proceeding is commenced.
(e) 'Law' includes both common and statutory law.
(f) 'Obligee' means a person including a state or political subdivision to whom a duty of support is owed or a person including a state or political subdivision that has commenced a proceeding for enforcement of an alleged duty of support or for registration of a support order. It is immaterial whether the person to whom a duty of support is owed is a recipient of public assistance.
(g) 'Obligor' means any person owing a duty of support or against whom a proceeding for the enforcement of a duty of support or registration of a support order is commenced.
(h) 'Prosecuting attorney' means the circuit solicitor, county attorney, or attorney designated by the Department of Social Services pursuant to Section 43-5-220.
(i) 'Register' means to file in the Registry of Foreign Support.
(j) 'Registering court' means any court of this State in which a support order of a rendering state is registered.
(k) 'Rendering state' means a state in which the court has issued a support order for which registration is sought or granted in the court of another state.
(l) 'Responding state' means a state in which any responsive proceeding pursuant to the proceeding in the initiating state is commenced. 'Responding court' means the court in which the responsive proceeding is commenced.
(m) 'State' includes a state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any foreign jurisdiction in which this or a substantially similar reciprocal law is in effect.
(n) 'Support order' means any judgment, decree, or order of support whether temporary or final, or subject to modification, revocation, or remission, regardless of the kind of action or proceeding in which it is entered.
Section 20-7-974. When the Attorney General is satisfied that reciprocal provisions will be made by a foreign jurisdiction for the enforcement therein of support orders made within this State, the Attorney General may declare the foreign jurisdiction to be an initiating state for the purposes of this subarticle. Any declaration may be revoked by the Attorney General.
Section 20-7-975. The remedies herein provided are in addition to and not in substitution for any other remedies. Nothing within this subarticle shall interfere with the authority of the family court to modify orders of support.
Section 20-7-980. Duties of support arising under the law of this State, when applicable under Section 20-7-995, bind the obligor present in this State regardless of the presence or residence of the obligee.
Part II. Criminal Enforcement
Section 20-7-985. The Governor of this State may (1) demand of the Governor of another state the surrender of a person found in that state who is charged criminally in this State with failing to provide for the support of any person; or (2) surrender on demand by the Governor of another state a person found in this State who is charged criminally in that state with failing to provide for the support of any person.
Provisions for extradition of criminals not inconsistent with this subarticle apply to the demand even if the person whose surrender is demanded was not in the demanding state at the time of the commission of the crime and has not fled therefrom. The demand, the oath, and any proceedings for extradition pursuant to this section need not state or show that the person whose surrender is demanded has fled from justice or at the time of the commission of the crime was in the demanding state.
Section 20-7-990. (a) Before making the demand upon the Governor of another state for the surrender of a person charged criminally in this State with failing to provide for the support of a person, the Governor of this State may require any prosecuting attorney of this State to satisfy him that at least sixty days prior thereto the obligee initiated proceedings for support under this subarticle or that any proceeding would be of no avail.
(b) If, under a substantially similar act, the Governor of another state makes a demand upon the Governor of this State for the surrender of a person charged criminally in that state with failure to provide for the support of a person, the Governor may require any prosecuting attorney to investigate the demand and to report to him whether proceedings for support have been initiated or would be effective. If it appears to the Governor that a proceeding would be effective but has not been initiated he may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If proceedings have been initiated and the person demanded has prevailed therein the Governor may decline to honor the demand. If the obligee prevailed and the person demanded is subject to a support order, the Governor may decline to honor the demand if the person demanded is complying with the support order.
Part III. Civil Enforcement
Section 20-7-995. Duties of support applicable under this subarticle are those imposed or imposable under the laws of any state where the obligor was present for the period during which support is sought. The obligor is presumed to have been present in the responding state during the period for which support is sought until otherwise shown.
Section 20-7-1000. If a state, political subdivision, or an agency thereof furnishes support to an individual obligee it has the same right to initiate a proceeding under this subarticle as the individual obligee for the purpose of securing reimbursement for support furnished and of obtaining continuing support.
Section 20-7-1005. All duties of support, including the duty to pay arrearages, are enforceable by a proceeding under this subarticle including a proceeding for civil contempt. The defense that the parties are immune to suit because of their relationship as husband and wife or parent and child is not available to the obligor. Jurisdiction of any proceeding under this subarticle is vested in the family court.
Section 20-7-1010. (a) The petition must be verified and must state the name and, so far as known to the obligee, the address and circumstances of the obligor and the persons for whom support is sought and all other pertinent information. The obligee may include in or attach to the petition any information which may help in locating or identifying the obligor including a photograph of the obligor, a description of any distinguishing marks on his person, other names and aliases by which he has been or is known, the name of his employer, his fingerprints, and his Social Security number.
(b) The petition may be filed in the appropriate court of any state in which the obligee resides. The court may not decline or refuse to accept and forward the petition on the ground that it should be filed with some other court of this State or any other state where there is pending another action for divorce, separation, annulment, dissolution, habeas corpus, adoption, or custody between the same parties or where another court has already issued a support order in some other proceeding and has retained jurisdiction for its enforcement.
Section 20-7-1015. If this State is acting as an initiating state the prosecuting attorney, upon the request of the court, the Department of Social Services, or other local welfare official, shall represent the obligee in any proceeding under this subarticle.
Section 20-7-1020. A petition on behalf of a minor obligee may be executed and filed by a person having actual custody of the minor without appointment as guardian ad litem.
Section 20-7-1025. If the initiating court finds that the petition sets forth facts from which it may be determined that the obligor owes a duty of support and that a court of the responding state may obtain jurisdiction of the obligor or his property it shall so certify and cause three copies of the petition and its certificate and one copy of this subarticle to be sent to the responding court. Certification must be in accordance with the requirements of the initiating state. If the name and address of the responding court are unknown and the responding state has an information agency comparable to that established in the initiating state it shall cause the copies to be sent to the state information agency or other proper official of the responding state, with a request that the agency or official forward them to the proper court and that the court of the responding state acknowledge their receipt to the initiating court.
Section 20-7-1030. An initiating court may not require payment of either a filing fee or other costs from the obligee but may request the responding court to collect fees and costs from the obligor. A responding court may not require payment of a filing fee or other costs from the obligee but it may direct that all fees and costs requested by the initiating court and incurred in this State when acting as a responding state, including fees for filing of pleadings, service of process, seizure of property, stenographic or duplication service, or other service supplied to the obligor, be paid by the obligor. These costs or fees do not have priority over amounts due to the obligee.
Section 20-7-1035. If the court of this State believes that the obligor may flee it may (1) as an initiating court, request in its certificate that the responding court obtain the body of the obligor by appropriate process; or (2) as a responding court, obtain the body of the obligor by appropriate process. Thereupon it may release him upon his own recognizance or upon his giving a bond in an amount set by the court to assure his appearance at the hearing.
Section 20-7-1040. (a) The State Department of Social Services is designated as the state information agency under this subarticle, and it shall (1) compile a list of the courts and their addresses in this State having jurisdiction under this subarticle and transmit it to the state information agency of every other state which has adopted this or a substantially similar act. Upon the adjournment of each session of the legislature the agency shall distribute copies of any amendments to this subarticle and a statement of their effective date to all other state information agencies;
(2) maintain a register of lists of courts received from other states and transmit copies of the lists promptly to every court in this State having jurisdiction under this subarticle; and
(3) forward to the court in this State which has jurisdiction over the obligor or his property petitions, certificates, and copies of the act it receives from courts or information agencies of other states.
(b) If the obligee is eligible for services pursuant to Section 43-5-220, the state information agency does not know the location of the obligor or his property in the state, and no state location service is available, it shall use all means at its disposal to obtain this information, including the examination of official records in the state and other sources such as telephone directories, real property records, vital statistics records, police records, requests for the name and address from employers who are able or willing to cooperate, records of motor vehicle license offices, requests made to tax offices, both state and federal, where the offices are able to cooperate, and requests made to the Social Security Administration as permitted by the Social Security Act, as amended.
Section 20-7-1045. (a) After the responding court receives copies of the petition, certificate, and act from the initiating court the clerk of the court shall docket the case and notify the prosecuting attorney of his action.
(b) The prosecuting attorney shall prosecute the case diligently. He shall take all action necessary in accordance with the laws of this State to enable the court to obtain jurisdiction over the obligor or his property and shall request the court to set a time and place for a hearing and give notice of the hearing to the obligor in accordance with law.
Section 20-7-1050. (a) The prosecuting attorney on his own initiative shall use all means at his disposal to locate the obligor or his property, and if because of inaccuracies in the petition or otherwise the court cannot obtain jurisdiction the prosecuting attorney shall inform the court of what he has done and request the court to continue the case pending receipt of more accurate information or an amended petition from the initiating court.
(b) If the obligor or his property is not found in the county and the prosecuting attorney discovers that the obligor or his property may be found in another county of this State or in another state he shall so inform the court. Thereupon the clerk of the court shall forward the documents received from the court in the initiating state to a court in the other county or to a court in the other state or to the information agency or other proper official of the other state with a request that the documents be forwarded to the proper court. All powers and duties provided by this subarticle apply to the recipient of the documents so forwarded. If the clerk of a court of this State forwards documents to another court he shall notify the initiating court.
(c) If the prosecuting attorney has no information as to the location of the obligor or his property he shall so inform the initiating court.
Section 20-7-1055. If the obligee is not present at the hearing and the obligor denies owing the duty of support alleged in the petition or offers evidence constituting a defense the court, upon request of either party, shall continue the hearing to permit evidence relative to the duty to be adduced by either party by discovery or by appearing in person before the court. The court may designate the judge of the initiating court as a person before whom a deposition may be taken.
Section 20-7-1060. If at the hearing the obligor is called for examination as an adverse party and he declines to answer upon the ground that his testimony may tend to incriminate him the court may require him to answer, in which event he is immune from criminal prosecution with respect to matters revealed by his testimony, except for perjury committed in this testimony.
Section 20-7-1065. Laws attaching a privilege against the disclosure of communications between the husband and wife are inapplicable to proceedings under this subarticle. Husband and wife are competent witnesses to testify to any relevant matter, including marriage and parentage.
Section 20-7-1070. In any hearing for the civil enforcement of this subarticle the court is governed by the rules of evidence applicable in a civil court action in the family court. If the action is based on a support order issued by another court a certified copy of the order must be received as evidence of the duty of support, subject only to any defenses available to a defendant in an action or a proceeding to enforce a foreign money judgment. The determination or enforcement of a duty of support owned to one obligee is unaffected by an interference by another obligee with rights of custody or visitation granted by a court.
Section 20-7-1075. If the responding court finds a duty of support it may order the obligor to furnish support or reimbursement for support and subject the property of the obligor to the order. Support orders made pursuant to this subarticle shall require that payments be made to the clerk of the court of the responding state. The court and prosecuting attorney of any county in which the obligor is present or has property have the same powers and duties to enforce the order as have those of the county in which it was first issued. If enforcement is impossible or cannot be completed in the county in which the order was issued, the prosecuting attorney shall send a certified copy of the order to the prosecuting attorney of any county in which it appears that proceedings to enforce the order would be effective. The prosecuting attorney to whom the certified copy of the order is forwarded shall proceed with enforcement and report the results of the proceedings to the court first issuing the order.
Section 20-7-1080. The responding court shall cause a copy of all support orders to be sent to the initiating court.
Section 20-7-1085. In addition to the foregoing powers a responding court may subject the obligor to any terms and conditions proper to assure compliance with its orders and in particular to:
(1) Require the obligor to furnish a cash deposit or a bond of a character and amount to assure payment of any amount due;
(2) Require the obligor to report personally and to make payments at specified intervals to the clerk of the court; and
(3) Punish under the power of contempt the obligor who violates any order of the court.
Section 20-7-1090. If the obligor asserts as a defense that he is not the father of the child for whom support is sought and it appears to the court that the defense is not frivolous, and if both of the parties are present at the hearing or the proof required in the case indicates that the presence of either or both of the parties is not necessary, the court may adjudicate the paternity issue. Otherwise the court may continue the hearing until the paternity issue is adjudicated by the court or by any other court of competent jurisdiction.
Section 20-7-1095. A responding court has the following duties which may be carried out through the clerk of the court:
(1) To transmit to the initiating court any payment made by the obligor pursuant to any order of the court or otherwise; and
(2) To furnish to the initiating court upon request a certified statement of all payments made by the obligor.
Section 20-7-1100. An initiating court shall receive and disburse all payments made by the obligor or sent by the responding court. This duty may be carried out through the clerk of the court.
Section 20-7-1105. A responding court may not stay the proceeding or refuse a hearing under this subarticle because of any pending or prior action or proceeding for divorce, separation, annulment, dissolution, habeas corpus, adoption, or custody in this State or any other state. The court shall hold a hearing and may issue a support order pendente lite. In aid thereof it may require the obligor to give a bond for the prompt prosecution of the pending proceeding. If the other action or proceeding is concluded before the hearing in the instant proceeding and the judgment therein provides for the support demanded in the petition being heard the court shall take into account in placing its support order the amount allowed in the other action or proceeding. Thereafter the court may not stay enforcement of its support order because of the retention of jurisdiction for enforcement purposes by the court in the other action or proceeding.
Section 20-7-1110. A support order made by a court of this State pursuant to this subarticle does not nullify and is not nullified by a support order made by a court of this State pursuant to any other law or by a support order made by a court of any other state pursuant to a substantially similar act or any other law, regardless of priority of issuance, unless otherwise specifically provided by the court. Amounts paid for a particular period pursuant to any support order made by the court of another state must be credited against the amounts accruing or accrued for the same period under any support order made by the court of this State.
Section 20-7-1115. Participation in any proceeding under this subarticle does not confer jurisdiction upon any court over any of the parties thereto in any other proceeding.
Section 20-7-1120. This subarticle applies if both the obligee and the obligor are in this State but in different counties. If the court of the county in which the petition is filed finds that the petition sets forth facts from which it may be determined that the obligor owes a duty of support and finds that a court of another county in this State may obtain jurisdiction over the obligor or his property, the clerk of the court shall send the petition and a certification of the findings to the court of the county in which the obligor or his property is found. The clerk of the court of the county receiving these documents shall notify the prosecuting attorney of their receipt. The prosecuting attorney and the court in the county to which the copies are forwarded then have duties corresponding to those imposed upon them when acting for this State as a responding state.
Part IV. Registration of Foreign Support Orders
Section 20-7-1130. If the duty of support is based on a foreign support order, the obligee has the additional remedies provided in the following sections.
Section 20-7-1135. The obligee may register the foreign support order in a court of this State in the manner, with the effect, and for the purposes herein provided.
Section 20-7-1140. The clerk of the court shall maintain a Registry of Foreign Support Orders in which he shall file foreign support orders.
Section 20-7-1145. If the State is acting either as a rendering or a registering state the prosecuting attorney upon the request of the court, the Department of Social Services, or other local welfare official shall represent the obligee in proceeding under this Part IV.
Section 20-7-1150. (a) An obligee seeking to register a foreign support order in a court of this State shall transmit to the clerk of the court (1) three certified copies of the order with all modifications of the order, (2) one copy of the reciprocal enforcement of support act of the state in which the order was made, and (3) a statement verified and signed by the obligee, showing the post office address of the obligor, the amount of support remaining unpaid, a description and the location of any property of the obligor available upon execution, and a list of the states in which the order is registered. Upon receipt of these documents the clerk of the court, without payment of a filing fee or other cost to the obligee, shall file them in the Registry of Foreign Support Orders. The filing constitutes registration under this subarticle.
(b) Promptly upon registration the clerk of the court shall docket the case and notify the prosecuting attorney of his actions. The prosecuting attorney shall send by certified or registered mail to the obligor at the address given a notice of the registration with a copy of the registered support order and the post office address of the obligee. The prosecuting attorney shall proceed diligently to enforce the order.
Section 20-7-1155. (a) Upon registration the registered foreign support order must be treated in the same manner as a support order issued by a court of this State. It has the same effect and is subject to the same procedures, defenses, and proceedings for modifying, vacating, or staying as a support order of this State and may be enforced and satisfied in like manner.
(b) The obligor has twenty days after the mailing of notice of the registration in which to petition the court to vacate the registration or for other relief. If he does not so petition the registration support order is confirmed.
(c) At the hearing to enforce the registered support order the obligor may present only matters that would be available to him as defenses in an action to enforce a foreign money judgment. However, all defenses are available to the obligor to attack the amount registered as owing if the law of the initiating state allows modification of arrearages.
Section 20-7-1160. This subarticle must be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Section 20-7-1165. If any provision of this subarticle or the application of the subarticle to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the subarticle which can be given effect without the invalid provision or application, and to this end the provisions of this subarticle are severable.
Section 20-7-1170. Any lawsuits pending on the effective date of this subarticle may continue under the provisions of the Uniform Reciprocal Enforcement of Support Act as enacted by Act 71 of 1981."
Fee
SECTION 2. Subsection (h) of Section 43-5-220 of the 1976 Code, as added by Act 460 of 1982, is amended to read:
"(h) In the case of an individual not otherwise eligible for collection services, a fee must be imposed by the department. The fee must be in an amount equal to the amount permitted by federal law."
Time effective
SECTION 3. This act shall take effect upon approval by the Governor.