South Carolina General Assembly
106th Session, 1985-1986

Bill 2560


                    Current Status

Bill Number:               2560
Ratification Number:       290
Act Number:                192
Introducing Body:          House
Subject:                        Interstate income to enforce support
                           obligations act
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A192, R290, H2560)

AN ACT TO AMEND TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 6 TO ARTICLE 9 OF CHAPTER 7, SO AS TO ENACT THE INTERSTATE INCOME TO ENFORCE SUPPORT OBLIGATIONS ACT.

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

Purpose of act

SECTION 1. The purpose of this act is to enhance the enforcement of support obligations by providing a quick and effective procedure for the withholding of income derived in this jurisdiction to enforce support orders of other jurisdictions and by requiring that income withholding, to enforce the support orders of this jurisdiction, be sought in other jurisdictions. This act must be construed liberally to effect that purpose.

Interstate income withholding to enforce support obligations

SECTION 2. Article 9 of Chapter 7 of Title 20 of the 1976 Code is amended by adding:

"Subarticle 6

Interstate Income Withholding

to Enforce Support Obligations

Section 20-7-1318. As used in this subarticle:

(1) 'Support order' means any order, decree, or judgment for the support, or for the payment of arrearages on such support, of a child, spouse, or former spouse issued by a court or agency of another jurisdiction, whether interlocutory or final, whether or not prospectively or retroactively modifiable, whether incidental to a proceeding for divorce, judicial, or legal separation, separate maintenance, paternity, guardianship, civil protection, or otherwise.

(2) 'Jurisdiction' means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(3) 'Court' means the family court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders.

(4) 'Agency' means the clerk of court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders.

(5) 'Child' means any child, whether above or below the age of majority, with respect to whom a support order exists.

(6) 'Obligor' means any person required to make payments under the term of a support order for a child, spouse, or former spouse.

(7) 'Obligee' means any person or entity which is entitled to receive support under an order of support and includes an agency of another jurisdiction to which a person has assigned his right to support.

(8) 'Income' means any form of payment to an individual as defined in item (4) of subsection (B) of Section 20-7-1315.

(9) 'Payor' means any payor of income.

(10) 'Income derived in this jurisdiction' means any income, the payor of which is subject to the jurisdiction of this State for the purpose of imposing and enforcing income withholding under Section 20-7-1315.

Section 20-7-1319. The remedy provided in this subarticle is in addition to, and not in substitution for, any other remedy otherwise available to enforce a support order of another jurisdiction. Relief under this act may not be denied, delayed, or otherwise affected because of the availability of other remedies, nor may relief under any other statute be delayed or denied because of the availability of this remedy.

Section 20-7-1320. On behalf of any obligee for whom the clerk of court is already providing services, or on application of a resident of this State, an obligee or obligor of a support order issued by this State, or an agency to whom the obligee has assigned support rights, the clerk of court shall promptly request the agency of another jurisdiction in which the obligor of a support order derives income to enter the order for the purpose of obtaining income withholding against the income. The clerk of court shall compile and transmit promptly to the agency of the other jurisdiction all documentation required to enter a support order for this purpose. The clerk of court also shall transmit immediately to the agency of the other jurisdiction a certified copy of any subsequent modifications of the support order. If the clerk of court receives notice that the obligor is contesting income withholding in another jurisdiction, it shall immediately notify the individual obligee of the date, time, and place of the hearings and of the obligee's right to attend.

Section 20-7-1321. (a) Upon receiving a support order of another jurisdiction with the documentation specified in subsection (b) of

this section from an agency of another jurisdiction an obligee, an obligor, or an attorney for either, the clerk of court shall enter this order.

(b) The following documentation is required for the entry of a support order of another jurisdiction:

(1) a certified copy of the support order with all modifications;

(2) a certified copy of an income withholding order, if any, still in effect;

(3) a copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining income withholding under the law of that jurisdiction;

(4) a sworn statement of the obligee or certified statement of the agency of the arrearages and the assignment of support rights, if any;

(5) a statement of:

(a) the name, address, and social security number of the obligor, if known;

(b) the name and address of the obligor's employer or of any other source of income of the obligor derived in this State against which income withholding is sought;

(c) the name and address of the agency or person to whom support payments collected by income withholding must be transmitted.

(c) If the documentation received by the clerk of court under subsection (a) of this section does not conform to the requirements of subsection (b) of this section, the clerk of court shall remedy any defect which it can without the assistance of the requesting agency or person. If the clerk of court is unable to make such corrections, the requesting agency, or person, shall immediately be notified of the necessary additions or corrections. The clerk of court shall accept the documentation required by subsections (a) and (b) of this section even if it is not in the usual form required by state or local rules, so long as the substantive requirements of these subsections are met.

(d) A support order entered under subsection (a) of this section is enforceable by income withholding against income derived in this State in the manner and with the effect as set forth in Sections 20-7-1322 through 20-7-1329 and Section 20-7-1315. Entry of the order does not confer jurisdiction on the courts of this State for any purpose other than income withholding.

Section 20-7-1322. (a) On the date a support order is entered pursuant to Section 20-7-1321, the clerk of court shall serve upon the obligor, in accordance with subsection (C), Section 20-7-1315, a verified notice of delinquency. The notice shall also advise the obligor that the income withholding was requested on the basis of a support order of another jurisdiction.

(b) If the obligor seeks a hearing to contest the proposed income withholding the clerk of court shall immediately notify the requesting agency and the Department of Social Services when the request for withholding was from an agency, the obligee, obligor, or an attorney for either of the date, time, and place of the hearing and of the obligee's right to attend the hearing.

Section 20-7-1323. (a) At any hearing contesting proposed income withholding based on a support order entered under Section 20-7-1321, the entered order, accompanying sworn or certified statement, and a certified copy of an order for withholding, if any, still in effect constitutes prima facie proof, without further proof or foundation, that the support order is valid, that the amount of current support payments and arrearages is as stated, and that the obligee is entitled to income withholding under the law of the jurisdiction which issued the support order.

(b) Once a prima facie case is established, the grounds that may be raised by an obligor to contest the withholding are limited to dispute concerning the identity of the obligor or the existence or amount of the arrearage.

The burden is on the obligor to establish these defenses.

(c) If the obligor presents evidence which constitutes a full or partial defense, the court shall, on the request of the obligee, continue the case to permit further evidence relative to the defense to be adduced by either party but if the obligor acknowledges liability sufficient to entitle the obligee to income withholding, the court shall require income withholding for the payment of current support payments under the support order and of so much of any arrearage as is not in dispute, while continuing the case with respect to those matters still in dispute. The court shall determine those matters still in dispute as soon as possible, and if appropriate shall modify the withholding order to conform to that resolution but may not modify the underlying support order.

(d) In addition to other procedural devices available to a party, any party to the proceeding or a guardian ad litem or other representative of the child may adduce testimony of witnesses in another state, including the parties and any of the children, by deposition, by written discovery, by photographic discovery such as videotaped depositions, or by personal appearance before the court by telephone or photographic means. The court on its own motion may direct that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony must be taken.

(e) A court of this State may request the appropriate court or agency of another state to hold a hearing to adduce evidence, to permit a deposition to be taken before the court or agency, to order a party to produce or give evidence under other procedures of that state, and to forward to the court of this State certified copies of the evidence adduced in compliance with the request.

(f) Upon request of a court or agency of another state the family courts of this State may order a person in this State to appear at a hearing or deposition before the court to adduce evidence or to produce or give evidence under other procedures available in this State. A certified copy of the evidence adduced, such as a transcript or videotape, must be forwarded by the clerk of the court to the requesting court or agency.

(g) A person within this State may voluntarily testify by statement or affidavit in this State for use in a proceeding to obtain income withholding outside this State.

Section 20-7-1324. If the obligor does not request a hearing in the time provided, or if a hearing is held and it is determined that the obligee has or is entitled to income withholding under the local law of the jurisdiction which issued the support order, the clerk of court shall issue a notice to withhold under subsection (E) of Section 20-7-1315. The clerk of court shall notify the requesting agency or person of the date upon which withholding must begin.

Section 20-7-1325. The provisions of subsections (C), (D), (E), (F) and subsubsections (1), (3), (4), and (5) of subsection (G) of Section 20-7-1315 apply to income withholding based on a support order of another jurisdiction entered under this subarticle.

Section 20-7-1326. (a) The notice to withhold shall direct payment to be made to the clerk of court. The clerk of court shall promptly transmit payments received pursuant to an order to withhold based on a support order of another jurisdiction entered under this act to the agency or person designated in subitem (c) of item (5) of subsection (b) of Section 20-7-1321.

(b) A support order entered pursuant to Section 20-7-1321 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. Amounts collected by any withholding of income must be credited against the amounts accruing or accrued for any period under any support orders issued either by this State or by a sister state.

Section 20-7-1327. (a) The clerk of court, upon receiving a certified copy of any amendment or modification to a support order entered pursuant to Section 20-7-1321, shall initiate, as though it were a support order of this State, necessary procedures to amend or modify the order to withhold of this State which was based upon the entered support order. The court shall amend or modify the order to withhold to conform to the modified support order.

(b) If the clerk of court determines that the obligor has obtained employment in another state or has a new or additional source of income in another state, he shall notify the agency which requested the income withholding of the changes and shall forward to that agency all information it has or can obtain with respect to the obligor's new address and the name and address of the obligor's new employer or other source of income. The clerk of court shall include with the notice a certified copy of the order to withhold in effect in this State.

Section 20-7-1328. Any person who is the obligor on a support order of another jurisdiction may obtain voluntary income withholding by filing with the clerk of court a request for withholding and a certified copy of the support order of a sister state. The clerk of court shall issue a notice to withhold under subsection (2) of Subsection (E) of Section 20-7-1315. Payment must be made to the clerk of court.

Section 20-7-1329. (a) The law of this State shall apply in all actions and proceedings concerning the issuance, enforcement, and duration of orders to withhold issued by a court of this State, which is based upon a support order of another jurisdiction entered pursuant to Section 3, except as provided in subsections (b) and (c) of this section.

(b) The law of the jurisdiction which issued the support order shall govern the following:

(1) the interpretation of the support order entered under Section 20-7-1321, including amount, form of payment, and the duration of support;

(2) the amount of support arrearages necessary to require the issuance of an order to withhold;

(3) the definition of what costs, in addition to the periodic support obligation, are included as arrearages which are enforceable by income withholding, including but not limited to interest, attorney's fees, court costs, and costs of paternity testing.

(c) The court in this State may impose its costs as allowed by law."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.