Current Status Introducing Body:House Bill Number:4844 Ratification Number:615 Act Number:494 Primary Sponsor:Shissias Type of Legislation:GB Subject:Uniform Interstate Family Support Act Companion Bill Number:1316 Date Bill Passed both Bodies:19940602 Computer Document Number:CYY/15777AC.94 Governor's Action:S Date of Governor's Action:19940714 Introduced Date:19940301 Date of Last Amendment:19940525 Last History Body:------ Last History Date:19940714 Last History Type:Act No. 494 Scope of Legislation:Statewide All Sponsors:Shissias McElveen Neal Cobb-Hunter Cromer Mattos Govan Inabinett Wofford Hutson Wells Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
4844 ------ 19940714 Act No. 494
4844 ------ 19940714 Signed by Governor
4844 ------ 19940602 Ratified R 615
4844 House 19940602 Concurred in Senate
amendment, enrolled for
ratification
4844 Senate 19940526 Read third time, returned to
House with amendment
4844 Senate 19940525 Amended
4844 Senate 19940524 Amended, read second time,
ordered to third reading with
notice of general amendments
4844 Senate 19940518 Committee Report: Favorable 11
with amendment
4844 Senate 19940421 Introduced, read first time, 11
referred to Committee
4844 House 19940420 Read third time, sent to
Senate
4844 House 19940419 Amended, read second time
4844 House 19940330 Committee Report: Favorable 25
with amendment
4844 House 19940301 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
(A494, R615, H4844)
AN ACT TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT; AND TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILDREN'S CODE, SO AS TO REVISE THE DEFINITION OF "A PERSON RESPONSIBLE FOR A CHILD'S WELFARE".
Be it enacted by the General Assembly of the State of South Carolina:
Uniform Interstate Family Support Act
SECTION 1. Title 20, Chapter 7, Article 9, Subarticle 5 of the 1976 Code is amended to read:
Section 20-7-960. This subarticle may be cited as the `Uniform Interstate Family Support Act'.
Section 20-7-965. As used in this subarticle:
(1) `Child' means an individual, whether over or under the age of majority, who is or may be owed a duty of support by the child's parent or who is or may be the beneficiary of a support order directed to that parent.
(2) `Child support order' means a support order for a child which may include support for a child over the age of majority under the law of the issuing state.
(3) `Duty of support' means an obligation imposable by law to provide support for a child, spouse, or former spouse including an unsatisfied obligation to provide support.
(4) `Home state' means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a proceeding for support, and if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.
(5) `Income' includes earnings or other periodic entitlements to money from any source and any other funds or assets subject to withholding for support under the law of this State.
(6) `Income withholding order' means an order or other legal process directed to withhold support from the obligor's income.
(7) `Initiating state' means a state in which a proceeding under this subarticle or a substantially similar law is filed for forwarding to a responding state.
(8) `Initiating tribunal' means the appropriate tribunal in an initiating state.
(9) `Issuing state' means the state in which a tribunal issues a support order or renders a judgment determining parentage.
(10) `Issuing tribunal' means the tribunal that issues a support order or renders a judgment determining parentage.
(11) `Law' includes decisional and statutory law and rules and regulations having the force of law.
(12) `Obligee' means:
(a) an individual to whom a duty of support is or may be owed or in whose favor a support order has been issued or judgment determining parentage has been rendered;
(b) a state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or
(c) an individual seeking a judgment determining parentage of that individual's child.
(13) `Obligor' means an individual or the estate of a decedent:
(a) who owes or may owe a duty of support including an individual who is alleged but has not been adjudicated to be a parent of a child; or
(b) who is liable under a support order.
(14) `Register' means to record a support order or judgment determining parentage in the Registry of Foreign Support.
(15) `Registering tribunal' means a tribunal in which a support order is registered.
(16) `Responding state' means a state to which a proceeding is forwarded under this subarticle or a substantially similar law.
(17) `Responding tribunal' means the appropriate tribunal in a responding state.
(18) `Spousal support order' means a support order for a spouse or former spouse of the obligor.
(19) `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States. The term `state' includes an Indian tribe and includes a foreign jurisdiction that has established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this subarticle.
(20) `Substantially similar law' means a law similar to the Uniform Interstate Family Support Act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
(21) `Support enforcement agency' means a public official or agency authorized to enforce laws relating to the duty of support or an existing support order, to determine parentage, to establish, modify, and enforce child support, or to locate obligors and their assets.
(22) `Support order' means a judgment, decree, or order for the benefit of a child, a spouse, or a former spouse, whether temporary, final, or subject to modification, for monetary support, health care, arrearages, reimbursement, and may include related costs and fees, interest, income withholding, attorney's fees, or other appropriate relief.
(23) `Tribunal' means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, and modify support orders or to determine parentage.
Section 20-7-970. The tribunal of this State is the family court.
Section 20-7-975. Remedies provided by this subarticle are cumulative and do not affect the availability of any remedies under any other law.
Section 20-7-980. In a proceeding to establish, enforce, or modify a support order or to determine parentage, the family court may exercise personal jurisdiction over a nonresident individual or that individual's guardian or conservator if:
(1) the individual is personally served with a summons and complaint within this State;
(2) the individual submits to the jurisdiction of this State by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction;
(3) the individual resided with the child in this State;
(4) the individual resided in this State and provided prenatal expenses or support for the child;
(5) the child resides in this State as a result of the acts or directives of the individual;
(6) the individual engaged in sexual intercourse in this State and the child may have been conceived by that act of intercourse; or
(7) there is any other basis consistent with the constitutions of this State and the United States for the exercise of personal jurisdiction.
Section 20-7-985. The family court exercising personal jurisdiction over a nonresident under Section 20-7-980 may apply Section 20-7-1100 to receive evidence from another state and Section 20-7-1110 to obtain discovery through a tribunal of another state. In all other respects, Sections 20-7-1025 through 20-7-1200 do not apply, and the family court shall apply the procedural and substantive law of this State, including the rules on choice of law other than those established by this subarticle.
Section 20-7-990. Under this subarticle the family court may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state.
Section 20-7-995. (A) The family court may exercise jurisdiction in a proceeding to establish a support order filed after a similar proceeding is filed in another state only if:
(1) the proceeding in this State is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state;
(2) the contesting party timely challenges the exercise of jurisdiction in the other state; and,
(3) if applicable, this State is the home state of the child.
(B) The family court may not exercise jurisdiction in a proceeding to establish a support order filed before a similar proceeding is filed in another state if:
(1) the proceeding in the other state is filed before the expiration of the time allowed in this State for filing a responsive pleading challenging the exercise of jurisdiction by this State;
(2) the contesting party timely challenges the exercise of jurisdiction in this State; and,
(3) if applicable, the other state is the home state of the child.
Section 20-7-1000. (A) The family court issuing a support order consistent with the law of this State has continuing, exclusive jurisdiction as long as this State remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued.
(B) The family court issuing a child support order consistent with the law of this State may not exercise its continuing jurisdiction to modify the order if:
(1) the order has been modified by a tribunal of another state pursuant to a law substantially similar to this subarticle; or
(2) each individual party has filed written consent with the family court for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.
(C) If a child support order of this State is modified by a tribunal of another state pursuant to a law substantially similar to this subarticle, the family court loses its continuing, exclusive jurisdiction and the order issued in this State may be enforced only as to amounts accruing before the modification and nonmodifiable aspects of the original order and appropriate relief may be granted only for violations of the order occurring before the effective date of modification.
(D) The family court shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to a law substantially similar to this subarticle.
(E) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
Section 20-7-1005. (A) The family court may serve as an initiating tribunal under this subarticle to request a tribunal of another state to enforce or modify a support order of that state.
(B) The family court having continuing, exclusive jurisdiction over a support order may act as a responding tribunal under this subarticle to enforce or modify that order. In exercising its continuing, exclusive jurisdiction over its support order, the family court may apply Section 20-7-1100 to receive evidence from another state and Section 20-7-1110 to obtain discovery through a tribunal of another state.
(C) If the family court lacks continuing, exclusive jurisdiction over a spousal support order, it may not serve as a responding tribunal to modify a spousal support order of another state.
Section 20-7-1010. (A) If a proceeding is brought under this subarticle, and one or more child support orders have been issued in any state with regard to an obligor and a child before the effective date of this subarticle, the family court shall apply the following priorities in determining which order to recognize for purposes of continuing, exclusive jurisdiction if:
(1) only one tribunal has issued a child support order, the order of that tribunal must be recognized;
(2) two or more tribunals have issued child support orders for the same obligor and child, and only one tribunal would have continuing, exclusive jurisdiction under the provisions of this subarticle, the order of that tribunal must be recognized;
(3) two or more tribunals have issued child support orders for the same obligor and child and more than one would have continuing, exclusive jurisdiction under the provisions of this subarticle, an order issued by a tribunal in the current home state of the child must be recognized, but if an order has not been issued in the current home state of the child, the order most recently issued must be recognized;
(4) two or more tribunals have issued child support orders for the same obligor and child and none of the tribunals would have continuing, exclusive jurisdiction under the provisions of this subarticle, the family court may issue a child support order.
(B) The tribunal that issued an order recognized under subsection (A) is the tribunal having continuing, exclusive jurisdiction.
Section 20-7-1015. In responding to multiple registrations or complaints for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different obligees who are natural persons, at least one of which was issued by a tribunal of another state, the family court shall enforce those orders in the same manner as if the multiple orders had been issued by the family court.
Section 20-7-1020. Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the family court.
Section 20-7-1025. (A) Except as otherwise expressly stated, Sections 20-7-1025 through 20-7-1115 apply to all proceedings under this subarticle.
(B) The family court has jurisdiction to:
(1) modify an order of child support or spousal support issued by the family court;
(2) establish an original order for spousal or child support;
(3) enforce a support order and income withholding order of another state without registration;
(4) register a spousal support order or child support order of another state for enforcement;
(5) register a child support order of another state for modification; and
(6) determine parentage.
(C) An individual plaintiff or a support enforcement agency may bring a proceeding authorized under this subarticle by filing a complaint in an initiating tribunal for forwarding to a responding tribunal or by filing a complaint directly in an appropriate tribunal of another state which has or can obtain jurisdiction.
Section 20-7-1030. A minor or a guardian ad litem or other legal representative appointed for the minor may maintain a proceeding on behalf of the minor's child.
Section 20-7-1035. Unless otherwise provided by this subarticle, a responding tribunal shall:
(1) apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in this State and may exercise all powers and provide all remedies available in those proceedings; and
(2) determine the duty of support and the amount payable in accordance with the law and support guidelines of this State.
Section 20-7-1040. Upon the filing of a proceeding authorized by this subarticle, the family court as an initiating tribunal shall forward three copies of the complaint and its accompanying documents:
(1) to the responding tribunal or appropriate support enforcement agency in the responding state; or
(2) if the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged.
Section 20-7-1045. (A) If a responding tribunal receives a complaint, it shall cause the complaint to be filed and notify the plaintiff by first-class mail where and when it was filed.
(B) The family court as a responding tribunal, to the extent otherwise authorized by law, may do one or more of the following:
(1) issue or enforce a support order, modify a child support order, or render a judgment to determine parentage;
(2) order an obligor to comply with a support order, specifying the amount and the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages, and specify a method of payment;
(5) enforce orders by civil or criminal contempt, or both;
(6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor's property;
(8) order an obligor to keep the family court or issuing tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment;
(9) issue a bench warrant for an obligor who has failed after proper notice to appear at a hearing ordered by the family court and enter the bench warrant in any local and state computer systems for criminal warrants;
(10) order the obligor to seek appropriate employment by specified methods;
(11) award reasonable attorney's fees and other fees and costs; and
(12) grant any other available remedy.
(C) A responding tribunal shall state in a support order, or in the documents accompanying the order, the calculations on which the support order issued under this subarticle is based.
(D) A responding tribunal may not condition the payment of a support order issued under this subarticle upon compliance by a party with provisions for visitation.
(E) If a responding tribunal issues a support order under this subarticle, the tribunal shall send by first-class mail a copy of the order to the plaintiff and the defendant and to the initiating tribunal, if any.
Section 20-7-1050. If a proceeding is brought in an inappropriate family court of this State, the family court shall forward the complaint and accompanying documents to the appropriate family court or to the appropriate tribunal in another state and notify the plaintiff by first-class mail where and when the complaint was sent.
Section 20-7-1055. (A) A support enforcement agency of this State shall provide services upon request to a plaintiff in a proceeding under this subarticle.
(B) A support enforcement agency that is providing services to the plaintiff shall as appropriate:
(1) take all steps necessary to enable the tribunal to obtain jurisdiction over the defendant;
(2) request the tribunal to set a time and place for a hearing;
(3) make a reasonable effort to obtain all relevant information, including the assets and income of the parties;
(4) within two business days after receipt of a written notice from an initiating, responding, or registering tribunal send a copy of the notice by first-class mail to the plaintiff;
(5) within two business days after receipt of a written communication from the defendant or the defendant's attorney send a copy of the communication by first-class mail to the plaintiff; and
(6) notify the plaintiff if jurisdiction over the defendant cannot be obtained.
(C) This subarticle does not create or negate a relationship of attorney and client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency.
Section 20-7-1060. If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may order the agency to perform its duties under this subarticle or may provide those services directly to the individual.
Section 20-7-1065. An individual may employ private counsel to represent the individual in proceedings authorized by this subarticle.
Section 20-7-1070. (A) The Department of Social Services is the state information agency under this subarticle.
(B) The state information agency shall:
(1) compile and maintain a current list, including addresses, of the family courts in this State which have jurisdiction under this subarticle and any support enforcement agencies in this State and transmit a copy to the state information agency of every other state;
(2) maintain a register of lists of tribunals and support enforcement agencies received from other states;
(3) forward to the appropriate family court for the county in which the obligee or obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this subarticle received from the initiating tribunal or the state information agency of the initiating state; and
(4) obtain information concerning the location of the obligor and the obligor's property not exempt from execution, including use of postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records including, if not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.
Section 20-7-1075. (A) A plaintiff seeking to establish or modify a support order or to determine parentage in proceeding under this subarticle must verify the complaint. Unless otherwise ordered under Section 20-7-1080, the complaint or accompanying documents must provide, so far as known, the name, residential address, and social security number of the obligor and the obligee and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought. The complaint must be accompanied by a certified copy of any support order in effect and may include any other information that may assist in locating or identifying the defendant.
(B) The complaint and accompanying documents must specify the relief sought and conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
Section 20-7-1080. Upon a finding that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information or if an existing order so provides, a tribunal shall order that the address of a child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this subarticle.
Section 20-7-1085. (A) A tribunal may not require the plaintiff to pay a filing fee or other costs.
(B) A responding tribunal may assess against an obligor reasonable attorney's fees, filing fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered paid directly to the attorney who may enforce the order in the attorney's own name. Payment of those costs and fees does not have priority over amounts of support owed to the obligee.
(C) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Section 20-7-1135 through 20-7-1190, the tribunal shall presume that a hearing was requested primarily for delay if a registered support order is confirmed or enforced without change.
Section 20-7-1090. (A) Participation by a plaintiff in a responding tribunal in a proceeding under this subarticle, whether in person, by private attorney, or through services provided by the support enforcement agency, does not permit the exercise of personal jurisdiction over the plaintiff in another proceeding.
(B) A plaintiff is not amenable to service of civil process while physically present in this State to participate in proceedings under this subarticle.
(C) The immunity granted by this section does not extend to civil litigation based on acts unrelated to the proceedings under this subarticle committed by a party while present in this State.
Section 20-7-1095. A party whose parentage of a child has previously been determined by law may not plead nonparentage as a defense to a proceeding under this subarticle.
Section 20-7-1100. (A) The physical presence of the plaintiff in family court, when the court is a responding tribunal, is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage.
(B) A verified complaint, affidavit, document substantially complying with federally mandated forms, and any document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible if given in writing and under oath by a party or witness residing in another state.
(C) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is prima facie evidence of facts asserted in it and is admissible to show whether payments were made.
(D) If copies of bills are furnished to the adverse party at least ten days before trial, the bills for testing for parentage and for prenatal and postnatal health care of the mother and child are prima facie evidence that the charges billed were reasonable, necessary, and customary and are admissible to prove the amount of those charges.
(E) Documentary evidence transmitted from another state to the family court by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.
(F) The family court may permit a party or witness residing in another state to testify by telephone conference at a designated tribunal or other location in that state. The family court shall cooperate with tribunals of other states in designating an appropriate location for a telephone conference.
(G) If a party called to testify at a civil hearing declines to answer on the ground that the testimony may tend to be incriminating, the trier of fact may draw an adverse inference from the refusal to testify.
(H) A privilege against disclosure of spousal communications between the parties does not apply in a proceeding under this subarticle.
(I) A defense of immunity because of the relationship of husband and wife or parent and child does not apply in a proceeding under this subarticle.
Section 20-7-1105. The family court may communicate with a tribunal of another state in writing or by telephone or other means to obtain information concerning the laws of that state, the legal effect of any judgment, decree, or order of that tribunal, and the status of any proceeding in the other state.
Section 20-7-1110. The family court may:
(1) request a tribunal of another state to assist in obtaining discovery; and
(2) upon request compel a person over whom it has jurisdiction to respond to discovery orders issued by a tribunal of another state.
Section 20-7-1115. A support enforcement agency or the family court shall disburse promptly any amounts received pursuant to a support order as directed by the order. The agency or family court shall furnish a requesting party or tribunal of another state with a certified statement by the custodian of the record of the amounts and dates of all payments received.
Section 20-7-1120. (A) If a support order entitled to recognition under this subarticle has not been issued, the family court, as a responding tribunal, or the family court in which a complaint has been filed pursuant to Section 20-7-1010(B) may issue a support order if:
(1) the individual seeking the order resides in another state; or
(2) the support enforcement agency seeking the order is located in another state.
(B) The family court may issue a temporary order if:
(1) the defendant has signed a verified statement acknowledging paternity;
(2) the defendant has been determined pursuant to law to be the parent; or
(3) there is other clear and convincing evidence that the defendant is the child's parent.
(C) After notice and hearing, upon finding that an obligor owes a duty of support, the family court shall issue a support order directed to the obligor and may issue other orders pursuant to Section 20-7-1045.
Section 20-7-1125. (A) As a condition of doing business in this State an employer shall comply with an income withholding order issued in another state as if the order had been issued by the family court of this State.
(B) Two copies of an income withholding order issued in another state may be sent by first-class mail to the obligor's employer in this State without first filing a proceeding or registering the order with the family court.
(C) If an income withholding order appears regular on its face, the employer shall:
(1) immediately provide a copy of the order to the obligor;
(2) follow the procedure for withholding income as if the order had been issued by the family court; and
(3) distribute the funds as directed in the withholding order.
(D) An obligor may contest the validity or enforcement of an income withholding order by requesting a hearing in family court not later than twenty days after the first payment is withheld. If the obligor requests a hearing to contest the order, the family court shall schedule the matter for hearing and provide notice of the date, time, and place of hearing by first-class mail to the obligor and the obligee or other designated person. The procedure and grounds for contesting the validity and enforcement of an income withholding order issued in another state served directly on the employer are the same as those available for contesting an income withholding order that has been issued in this State. If enforcement of an income withholding order issued in another state served directly on an employer is contested, the rules provided by Section 20-7-1150 apply.
(E) The obligor shall give notice of the complaint to contest to the support enforcement agency providing services to the obligee, if any, and to:
(1) the person or agency designated to receive payments in the income withholding order; or
(2) if no person or agency is designated, the obligee.
Section 20-7-1130. (A) A party seeking to enforce a support order, an income withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of this State.
(B) On receipt of the documents the support enforcement agency, without initially seeking to register the order, shall use any administrative procedure available to enforce a support order, an income withholding order, or both. If the obligor does not contest administrative enforcement, the support order need not be registered. If the obligor contests the validity or administrative enforcement of the order by asserting a ground for contesting the order recognized by the law of this State, the support enforcement agency shall register the order pursuant to this subarticle.
Section 20-7-1135. A support order or an income withholding order issued by a tribunal of another state may be registered in this State for purposes of enforcement.
Section 20-7-1140. (A) A support order or income withholding order of another state may be registered in this State by sending the following documents and information to the Department of Social Services:
(1) a letter of transmittal to the department requesting registration and enforcement;
(2) two copies, including one certified copy, of all orders to be registered, including any modification of an order;
(3) a sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) the name of the obligor and, if known:
(a) the obligor's address and social security number;
(b) the name and address of the obligor's employer and any source of income of the obligor; and
(c) a description and the location of property of the obligor in this State not exempt from execution; and
(5) the name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted.
(B) On receipt of a request for registration the department shall cause the order to be filed as a foreign judgment together with one copy of the documents and information regardless of their form.
(C) A complaint seeking an enforcement remedy that must be specifically pled under the law of this State may be filed at the same time as the request for registration or at a later date. The complaint shall set forth the express grounds that provide the basis for the remedy sought.
Section 20-7-1145. (A) A support order or income withholding order issued in another state is registered as of the filing of the order in the Registry of Foreign Support.
(B) A registered order of another state has the same effect and is subject to the same procedures and defenses as an order of this State and may be enforced and satisfied in the same manner.
(C) Except as provided in Sections 20-7-1135 through 20-7-1190, the family court shall recognize and enforce and may not modify a registered order if the issuing tribunal had jurisdiction.
Section 20-7-1150. (A) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages of a registered support order.
(B) In a proceeding for arrearages the statute of limitations under the laws of this State or of the issuing state, whichever is longer, applies.
Section 20-7-1155. (A) The registering tribunal shall notify the nonregistering party of the registration of a support order or income withholding order issued in another state. Notice must be given by first-class, certified, or registered mail or by any means of personal service authorized by the law of this State. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(B) The notice must inform the nonregistering party:
(1) that a motion to contest the validity or enforcement of the registered order must be filed within twenty days after the date of mailing or personal service of the notice;
(2) of the amount of alleged arrearages, if any;
(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and
(4) that a registered order is enforceable as of the date of registration in the same manner as a support order issued by the family court.
(C) Upon registration of an income withholding order for purposes of enforcement, the registering tribunal shall notify the obligor's employer pursuant to the income withholding law of this State.
Section 20-7-1160. (A) A nonregistering party seeking to contest the validity or enforcement of a registered order must request a hearing within twenty days after the date of mailing or personal service of notice of the registration. The nonregistering party may seek to vacate the registration or to contest any aspect of the registered order, the remedies being sought, or the amount of any alleged arrearages pursuant to Section 20-7-1165.
(B) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.
(C) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties by first-class mail of the date, time, and place of the hearing.
Section 20-7-1165. (A) A party contesting the validity or enforcement of a registered order bears the burden of proving one or more of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction over the contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a later order;
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this State to the enforcement remedy sought;
(6) full or partial payment has been made; or
(7) the statute of limitations under Section 20-7-1150 precludes enforcement of any arrearages.
(B) If an obligor presents evidence establishing a full or partial defense under subsection (A), a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, or issue other appropriate orders. Any uncontested portion of the registered order may be enforced by all remedies available under the law of this State.
(C) If the contesting party does not establish a defense under subsection (A) to the registration of the order, the registering tribunal shall issue an order confirming the order.
Section 20-7-1170. Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
Section 20-7-1175. A party or support enforcement agency seeking to modify or to modify and enforce a child support order issued in another state shall register that order in this State in the same manner as provided in Sections 20-7-1135 through 20-7-1150. A complaint setting forth the grounds for modification with specificity may be filed at the same time as a request for registration and enforcement or at a later time.
Section 20-7-1180. After a child support order of another state is registered for purposes of modification, it may be enforced by the family court in the same manner as a support order issued by the family court, but the registered order may be modified only if the requirements of Section 20-7-1185 are met.
Section 20-7-1185. (A) After a child support order of another state has been registered in this State, the family court may modify that order only if, after notice and hearing, it finds that:
(1) neither the child, the individual obligee, nor the obligor reside in the issuing state, the nonresident plaintiff seeks modification, and the defendant is subject to the jurisdiction of the family court; or
(2) a party who is a natural person or the child is subject to the personal jurisdiction of the family court and all the parties who are natural persons have filed an agreement in the issuing tribunal providing that the family court may modify the support order and assume continuing, exclusive jurisdiction over the order.
(B) A child support order registered for modification is subject to the same requirements, procedures, and defenses applicable to the modification of an order issued by the family court and may be enforced and satisfied in the same manner.
(C) The family court may not modify any aspect of a child support order that may not be modified under the law of the issuing state.
(D) On issuance of an order modifying a child support order issued in another state, the family court becomes the tribunal of continuing, exclusive jurisdiction.
(E) Within thirty days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal which had continuing, exclusive jurisdiction over the earlier order and in those tribunals in which that party knows the earlier order has been registered.
Section 20-7-1190. The family court shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to a law substantially similar to this subarticle and upon request, except as otherwise provided in this subarticle, shall:
(1) enforce arrearages and provide other appropriate relief for violations of the modified order which occurred before the effective date of the modification;
(2) enforce the modified order to the extent it was not superseded by the modification; and
(3) recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
Section 20-7-1195. (A) The family court may serve as an initiating or responding tribunal in a proceeding brought under this subarticle or substantially similar law to determine that the plaintiff is a parent of a particular child or to determine that a defendant is a parent of that child. The proceeding may be brought without joining the child as a party.
(B) Except as otherwise provided in Section 20-7-1200, the family court shall apply the procedural and substantive law of this State, including the rules on choice of law, generally applicable in a proceeding to determine parentage.
Section 20-7-1200. (A) A proceeding to determine parentage under this subarticle is a civil matter to be decided by a preponderance of the evidence.
(B) The family court may, and to the extent otherwise required by law upon request of a party shall, order the child and the alleged mother or alleged father to submit to scientifically accepted testing for parentage.
(C) If a defendant refuses to comply with an order for testing for parentage, the family court may resolve the question of parentage against the defendant. If a plaintiff refuses to comply with an order for testing for parentage, the court shall dismiss the proceeding without prejudice.
(D) A verified written report by an expert on parentage testing is prima facie evidence of the truth of the facts asserted in it. If the verified report shows the chain of custody of samples tested, it is competent evidence to establish the chain.
(E) If the results of testing for parentage create a presumption of parentage under the law of this State, upon motion the family court shall order the presumed parent to pay temporary child support. The family court also may order temporary support if the defendant has signed a verified statement acknowledging parentage or there is other clear and convincing evidence that the defendant is the particular child's parent.
Section 20-7-1205. (A) For purposes of this section and Section 20-7-1210, `governor' includes an individual performing the functions of governor or the executive authority of a state covered by this subarticle.
(B) The Governor of this State may:
(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee; or
(2) on the demand by the governor of another state, surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.
(C) A provision for extradition of criminals not inconsistent with this subarticle applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was committed and has not fled from there.
Section 20-7-1210. (A) Before making demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require a prosecutor of this State to demonstrate that at least sixty days previously the obligee had initiated proceedings for support under this subarticle or that the proceeding would be of no avail.
(B) If, under this subarticle or a substantially similar law, the governor of another state makes a demand that the Governor of this State surrender an individual charged criminally in that state with having failed to provide for the support of an individual or child to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(C) If a proceeding for support has been initiated and the individual demanded prevails, the Governor may decline to honor the demand. If the plaintiff prevails and the individual whose extradition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual demanded is complying with the support order.
Section 20-7-1215. This subarticle must be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subarticle among states enacting it.
Section 20-7-1220. If a provision of this subarticle or its application to an individual or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subarticle which can be given effect without the invalid provision or application, and to this end the provisions of this subarticle are severable."
Cross reference revised
SECTION 2. Section 15-35-910(1) of the 1976 Code, as added by Act 80 of 1993, is amended to read:
"(1) `Foreign judgment' means a judgment, decree, or order of a court of the United States or a court of another state which is entitled to full faith and credit in this State, except any orders as defined in Section 20-7-965 (the Uniform Interstate Family Support Act) or a `custody decree', as defined in Section 20-7-786 (the Uniform Child Custody Jurisdiction Act)."
Savings clause
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision so expressly provides. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Definition revised
SECTION 4. Section 20-7-490(E) of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:
"(E) `A person responsible for a child's welfare' includes the child's parent, guardian, foster parent, an operator, employee, or caregiver as defined by Section 20-7-2700 of a public or private residential home, institution, agency, or child day care facility or a person who has assumed the role or responsibility of a parent or guardian for the child, but who does not necessarily have legal custody of the child. A person whose only role is as a caregiver and whose contact is only incidental with a child, such as a babysitter, or a person who has only incidental contact but may not be a caregiver, has not assumed the role or responsibility of a parent or guardian. An investigation pursuant to Section 20-7-650 shall be initiated when the information contained in a report otherwise sufficient under this section does not establish whether the subject has assumed the role or responsibility of a parent or guardian for the child."
Time effective
SECTION 5. This act takes effect July 1, 1994.
Approved the 14th day of July, 1994.