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A266, R422, H4575
Sponsors: Reps. Sheheen, McGee and McLeod
Document Path: l:\council\bills\nbd\12067ac04.doc
Introduced in the House on January 20, 2004
Introduced in the Senate on April 6, 2004
Last Amended on May 27, 2004
Passed by the General Assembly on June 2, 2004
Governor's Action: July 6, 2004, Signed
Summary: Child support or periodic alimony; Clerk of Court to serve notice to show cause hearing
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/20/2004 House Introduced and read first time HJ-26 1/20/2004 House Referred to Committee on Judiciary HJ-27 3/24/2004 House Member(s) request name added as sponsor: McLeod 3/31/2004 House Committee report: Favorable with amendment Judiciary HJ-4 4/1/2004 House Amended HJ-31 4/1/2004 House Read second time HJ-32 4/1/2004 House Unanimous consent for third reading on next legislative day HJ-32 4/2/2004 House Read third time and sent to Senate HJ-2 4/6/2004 Senate Introduced and read first time SJ-7 4/6/2004 Senate Referred to Committee on Judiciary SJ-7 5/26/2004 Senate Committee report: Favorable with amendment Judiciary SJ-15 5/27/2004 Senate Amended SJ-277 5/27/2004 Senate Read second time SJ-277 5/27/2004 Senate Ordered to third reading with notice of amendments SJ-277 6/2/2004 Senate Read third time and returned to House with amendments SJ-64 6/2/2004 House Concurred in Senate amendment and enrolled HJ-98 6/3/2004 Ratified R 422 7/6/2004 Signed By Governor 7/13/2004 Copies available 7/13/2004 Effective date See Act For Effective Date 7/14/2004 Act No. 266
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A266, R422, H4575)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-862 SO AS TO REQUIRE A CLERK OF COURT TO SERVE NOTICE OF A RULE TO SHOW CAUSE HEARING FOR AN ARREARAGE IN CHILD SUPPORT OR PERIODIC ALIMONY TO THE PARTY OWED THE SUPPORT OR ALIMONY; TO PROVIDE FOR THE FORM OF NOTICE AND THE PROCEDURE FOR SERVICE; AND TO PROVIDE THAT THESE REQUIREMENTS DO NOT APPLY TO CASES IN WHICH THE DEPARTMENT OF SOCIAL SERVICES REPRESENTS THE PARTY OWED THE SUPPORT OR ALIMONY.
Be it enacted by the General Assembly of the State of South Carolina:
Hearing notice in child support and alimony arrearage cases
SECTION 1. Subarticle 3, Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-862. (A) If pursuant to family court rule, the clerk of court issues a rule to show cause in a case of child support or periodic alimony arrearage, the clerk also shall provide written notice to the party owed the support or alimony. The notice to the party owed support or alimony must:
(1) be provided by the court at least five days prior to the hearing;
(2) be sent by first class delivery through the United States Postal Service and addressed to the party's last address on file with the court; and
(3) include the date, time, and place the party in arrears has been ordered to appear.
(B) The mailing provided for in subsection (A) is considered sufficient notice of the hearing to the party owed the support or alimony.
(C) The clerk of court shall place in the case file a copy of the notice sent to the party owed support or alimony with the time and date stamped on the copy.
(D) This section does not apply to a rule to show cause in a case of child support or periodic alimony arrearage issued by a clerk of court pursuant to family court rule if the party owed the support or alimony is represented by the Department of Social Services."
SECTION 2. This act takes effect upon approval by the Governor and applies to rules to show cause issued on and after the effective date of this act.
Ratified the 3rd day of June, 2004.
Approved the 6th day of July, 2004.
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