reglab/housing_qa huggingface dataset:
SC Code § 63-17-3870 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3870. Modification with no consent filed.

 (A) Except as otherwise provided in Section 63-17-3960, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this State may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child-support order otherwise required of the individual pursuant to Section 63-17-3830 has been given or whether the individual seeking modification is a resident of this State or of the foreign country.  (B) An order issued by a tribunal of this State modifying a foreign child-support order pursuant to this section is the controlling order.  HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.  Effect of Amendment  2015 Act No. 33, Section 1, in (A), substituted "Except as otherwise provided in Section 63-17-3960, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order" for "If a foreign country or political subdivision that is a state will not or may not modify its order", and deleted "or political subdivision" from the end; and in (B), inserted "by a tribunal of this State modifying a foreign child-support order".
SC Code § 63-17-3880 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3880. Procedure to register child-support order of foreign country for modification.

 A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the convention may register that order in this State under Sections 63-17-3610, 63-17-3620, 63-17-3630, 63-17-3640, 63-17-3710, 63-17-3720, 63-17-3730, and 63-17-3740 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.  PART VII SUPPORT PROCEEDING UNDER CONVENTION  DERIVATION TABLE  Showing the section in former Chapter 7, Title 20 from which the section in this part was derived.  New  Section Former  Section 63-17-3910 20-7-1156
SC Code § 63-17-3910 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3910. Definitions.

 (1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.  (2) "Central authority" means the entity designated by the United States or a foreign country described in Section 63-17-2910(5)(d) to perform the functions specified in the convention.  (3) "Convention support order" means a support order of a tribunal of a foreign country described in Section 63-17-2910(5)(d).  (4) "Direct request" means a petition filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor, or child residing outside the United States.  (5) "Foreign central authority" means the entity designated by a foreign country described in Section 63-17-2910(5)(d) to perform the functions specified in the convention.  (6) "Foreign support agreement":  (a) means an agreement for support in a record that:  (i) is enforceable as a support order in the country of origin;  (ii) has been:  (A) formally drawn up or registered as an authentic instrument by a foreign tribunal; or  (B) authenticated by, or concluded, registered, or filed with a foreign tribunal; and  (iii) may be reviewed and modified by a foreign tribunal; and  (b) includes a maintenance arrangement or authentic instrument under the convention.  (7) "United States central authority" means the Secretary of the United States Department of Health and Human Services.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.  Editor's Note  Prior Laws: Former Section 63-17-3910, titled State court as responding tribunal, had the following history: 2008 Act No. 361, Section 2, and was omitted by 2015 Act No. 33, eff June 1, 2015.
SC Code § 63-17-3915 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3915. Applicability of part.

 This part applies only to a support proceeding under the convention. In such a proceeding, if a provision of this part is inconsistent with Parts I through VI, this part controls.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
SC Code § 63-17-3920 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3920. Designated agency.

 The Department of Social Services of this State is recognized as the agency designated by the United States central authority to perform specific functions under the convention.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
SC Code § 63-17-3925 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3925. Support proceeding.

 (A) In a support proceeding under this part, the Department of Social Services of this State shall:  (1) transmit and receive applications; and  (2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.  (B) The following support proceedings are available to an obligee under the convention:  (1) recognition or recognition and enforcement of a foreign support order;  (2) enforcement of a support order issued or recognized in this State;  (3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;  (4) establishment of a support order if recognition of a foreign support order is refused under Section 63-17-3945(B)(2), (4), or (9);  (5) modification of a support order of a tribunal of this State; and  (6) modification of a support order of a tribunal of another state or a foreign country.  (C) The following support proceedings are available under the convention to an obligor against which there is an existing support order:  (1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State;  (2) modification of a support order of a tribunal of this State; and  (3) modification of a support order of a tribunal of another state or a foreign country.  (D) A tribunal of this State may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
SC Code § 63-17-3930 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3930. Direct request.

 (A) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this State applies.  (B) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Sections 63-17-3935 through 63-17-3970 apply.  (C) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:  (1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and  (2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this State under the same circumstances.  (D) A petitioner filing a direct request is not entitled to assistance from the Department of Social Services.  (E) This part does not prevent the application of laws of this State that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
SC Code § 63-17-3935 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3935. Registration of convention support order.

 (A) Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this State as provided in Part VI.  (B) Notwithstanding Sections 63-17-3320 and 63-17-3620, a request for registration of a convention support order must be accompanied by:  (1) a complete text of the support order;  (2) a record stating that the support order is enforceable in the issuing country;  (3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;  (4) a record showing the amount of arrears, if any, and the date the amount was calculated;  (5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and  (6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.  (C) A request for registration of a convention support order may seek recognition and partial enforcement of the order.  (D) A tribunal of this State may vacate the registration of a convention support order without the filing of a contest under Section 63-17-3940 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.  (E) The tribunal promptly shall notify the parties of the registration or the order vacating the registration of a convention support order.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
SC Code § 63-17-3940 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3940. Contest of registered convention support order.

 (A) Except as otherwise provided in this part, Sections 63-17-3710 through 63-17-3740 apply to a contest of a registered convention support order.  (B) A party contesting a registered convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty days after notice of the registration.  (C) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (B), the order is enforceable.  (D) A contest of a registered convention support order may be based only on grounds set forth in Section 63-17-3945. The contesting party bears the burden of proof.  (E) In a contest of a registered convention support order, a tribunal of this State:  (1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and  (2) may not review the merits of the order.  (F) A tribunal of this State deciding a contest of a registered convention support order shall promptly notify the parties of its decision.  (G) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
SC Code § 63-17-3945 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3945. Recognition and enforcement of registered convention support order.

 (A) Except as otherwise provided in subsection (B), a tribunal of this State shall recognize and enforce a registered convention support order.  (B) The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered convention support order:  (1) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;  (2) the issuing tribunal lacked personal jurisdiction consistent with Section 63-17-3010;  (3) the order is not enforceable in the issuing country;  (4) the order was obtained by fraud in connection with a matter of procedure;  (5) a record transmitted in accordance with Section 63-17-3935 lacks authenticity or integrity;  (6) a proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed;  (7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this article in this State;  (8) payment, to the extent alleged arrears have been paid in whole or in part;  (9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:  (a) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or  (b) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or  (10) the order was made in violation of Section 63-17-3960.  (C) If a tribunal of this State does not recognize a convention support order under subsection (B)(2), (4), or (9):  (1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and  (2) the department shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under Section 63-17-3925.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
SC Code § 63-17-3950 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3950. Partial enforcement.

 If a tribunal of this State does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
SC Code § 63-17-3955 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3955. Foreign support agreement.

 (A) Except as otherwise provided in subsections (C) and (D), a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.  (B) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:  (1) a complete text of the foreign support agreement; and  (2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.  (C) A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.  (D) In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:  (1) recognition and enforcement of the agreement is manifestly incompatible with public policy;  (2) the agreement was obtained by fraud or falsification;  (3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state, or a foreign country if the support order is entitled to recognition and enforcement under this article in this State; or  (4) the record submitted under subsection (B) lacks authenticity or integrity.  (E) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
SC Code § 63-17-3960 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3960. Modification of convention child-support order.

 (A) A tribunal of this State may not modify a convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:  (1) the obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or  (2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.  (B) If a tribunal of this State does not modify a convention child-support order because the order is not recognized in this State, Section 63-17-3945(C) applies.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
SC Code § 63-17-3965 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3965. Personal information.

 Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
SC Code § 63-17-3970 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-3970. Records in original language; English translation.

 A record filed with a tribunal of this State under this part must be in the original language and, if not in English, must be accompanied by an English translation.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.  PART VIII INTERSTATE RENDITION  DERIVATION TABLE  Showing the sections in former Chapter 7, Title 20 from which the sections in this part were derived.  New  Section Former  Section 63-17-4010 20-7-1160 63-17-4020 20-7-1162 63-17-4030 20-7-1164 63-17-4040 20-7-1166
SC Code § 63-17-4010 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-4010. Extradition.

 (A) For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this article.  (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 of 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 individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.  HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.  Effect of Amendment  2015 Act No. 33, Section 1, reenacted this section with no change.
SC Code § 63-17-4020 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-4020. Prerequisites to compliance with extradition.

 (A) Before making a 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 pursuant to this article or that the proceeding would be of no avail.  (B) If, under this article or a law substantially similar to this article, 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 a child or other individual 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 whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.  HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.  Effect of Amendment  2015 Act No. 33, Section 1, reenacted this section with no change.  PART IX MISCELLANEOUS PROVISIONS
SC Code § 63-17-4030 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-4030. Construction of law.

 In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.  HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.  Effect of Amendment  2015 Act No. 33, Section 1, reenacted this section with no change.
SC Code § 63-17-4035 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-4035. Applicability of article.

 This article applies to proceedings begun on or after the effective date of this article to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.  HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
SC Code § 63-17-4040 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 17 - Paternity And Child Support|Section 63-17-4040. Severability.

 If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.  HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.  Effect of Amendment  2015 Act No. 33, Section 1, rewrote the section.
SC Code § 63-19-10 (2021)
2021 South Carolina Code of Laws|Title 63 - South Carolina Children's Code|Chapter 19 - Juvenile Justice Code|Section 63-19-10. Short title.

 This chapter may be cited as the "Juvenile Justice Code".  HISTORY: 2008 Act No. 361, Section 2.