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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 31, 2005
H. 3274
S. Printed 5/31/05--S.
Read the first time February 2, 2005.
TO AMEND SECTION 20-7-2220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS AND THE EFFECT OF PENDENCY OF AN APPEAL IN CERTAIN FAMILY COURT MATTERS, SO AS TO PROVIDE THAT NO TEN DAY AUTOMATIC STAY APPLIES IN SUCH CASES.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-2220 of the 1976 Code, as amended by Act 55 of 1999, is further amended to read:
"Section 20-7-2220. Any appeal from an order, judgment, or decree of the family court shall be taken in the manner provided by the South Carolina Appellate Court Rules. The right to appeal must be governed by the same rules, practices, and procedures that govern appeals from the circuit court.
The pendency of an appeal or application may not suspend the order of the family court regarding a child, nor shall it discharge the child from the custody of that court or of the person, institution, or agency to whose care the child shall have been committed; nor shall it suspend payments for support and maintenance of the wife spouse and child. In any order awarding custody of any child, the Family Court shall determine and order the effective date of the custody award. The Family Court may order a stay during the time for filing a motion for reconsideration. If no provision is made by the Family Court for a stay, no automatic ten day stay applies following the issuance of an order."
SECTION 2.A.. This act may be cited as the "Family Court Financial Privacy Act".
B. Article 1, Chapter 3, Title 20 of the 1976 Code is amended by adding:
"Section 20-3-240. The clerk of court shall seal the financial declarations that are made a part of the court record in any matter before the family court. The parties, their attorneys of record, the family court judge and the judge's staff, the clerk of court and the clerk's staff, and the Child Support Enforcement Division of the Department of Social Services shall be granted access to a financial declaration upon request to the clerk of court. No other person shall unseal or be granted access to a financial declaration except on order of the court."
C. Section 30-4-40(a) of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) Financial declarations made a part of the record in a matter before the family court, as provided for in Section 20-3-240."
SECTION 3. This act takes effect upon approval by the Governor.
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