reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-2330. Immunity from liability.

(A) Notwithstanding any other provision of federal or state law, a financial institution, as defined in Section 63-17-2310(A)(2), is not liable to a person for disclosure of information to the Department of Social Services, its designee, or the department's or designee's employees under Section 63-17-2320 for encumbering or surrendering any deposits, credits, or other personal property in response to a notice of lien or levy by the department, or its designee, or for any other action taken in good faith to comply with the requirements of Sections 63-17-2310 and 63-17-2320.
(B) Upon obtaining a financial record of an individual from a financial institution pursuant to Sections 63-17-2310 and 63-17-2320, the department, its designee, or the department's or designee's employees may disclose the financial record only for the purpose of, and to the extent necessary in, establishing, modifying, or enforcing a child support obligation of the individual.
(C) If the department, its designee, or the department's or designee's employees knowingly or by reason of negligence disclose a financial record of an individual in violation of subsection (B), the individual whose records were disclosed may bring a civil action for damages against the department, its designee, or the department's or designee's employees in a district court of the United States.
(D) No liability arises under subsection (C) with respect to any disclosure which results from a good faith but erroneous interpretation of subsection (B).
(E) In an action brought under subsection (C), upon a finding of liability on the part of the defendant, the defendant is liable to the plaintiff in an amount equal to the sum of:
(1) the greater of:
(a) one thousand dollars for each act of unauthorized disclosure of a financial record with respect to which the defendant is found liable; or
(b) the sum of:
(i) the actual damages sustained by the plaintiff as a result of the unauthorized disclosure; and
(ii) in the case of a wilful disclosure or a disclosure which is the result of gross negligence, punitive damages; and
(2) the costs, including attorney fees, of the action.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-2510. Reporting to credit reporting agencies.

(A) The Department of Social Services shall provide consumer credit reporting agencies an automated monthly report of obligors in Title IV-D cases who have an arrearage in an amount of one thousand dollars or greater.
(B) The department shall establish procedures for notice and an opportunity for a review for obligors who contest the submission to the consumer credit reporting agency. The procedures shall limit the review to a dispute concerning the identity of the obligor or the existence or amount of the arrearage.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-2710. Child support arrearage liens.

A child support obligation which is unpaid in an amount equal to or greater than one thousand dollars, as of the date on which it was due, is a lien in favor of the obligee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodically. An amount of restitution established by the Department of Social Services, Child Support Enforcement Division, or its designee (division) or the family court is due and payable as of the date the amount is established. The lien shall incorporate any unpaid child support which may accrue in the future and does not terminate except as provided in Section 63-17-2730. Upon recordation or registration in accordance with Section 63-17-2730, the lien shall encumber all tangible and intangible property, whether real or personal, and an interest in property, whether legal or equitable, belonging to the obligor. An interest in property acquired by the obligor after the child support lien arises is subject to the lien, subject to the limitations provided in Section 63-17-2730.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-2720. Written notice to obligor; administrative review.

When the division determines that child support is unpaid in an amount equal to or greater than one thousand dollars, it shall send written notice to the obligor by first-class mail to the obligor's last known address, as filed with the tribunal pursuant to Section 63-17-450. The notice shall specify the amount unpaid as of the date of the notice or other date certain and the right of the obligor to request an administrative review by filing a written request with the division within thirty days of the date of the notice. If the obligor files a timely written request for an administrative review, the division shall conduct the review within thirty days of receiving the request.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-2750. Written notice of perfecting a lien, executing levy, or seizing property.

The division shall send timely written notice to the obligor by first-class mail of any action taken to perfect a lien, execute a levy, or seize any property. The notice shall specify the amount due, the steps to be followed to release the property so placed under lien, levied, or seized, and the time period within which to respond to the notice and shall include the name of the court or administrative agency of competent jurisdiction which entered the child support order.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-2760. Judicial review.

A person aggrieved by a determination of the division pursuant to Section 63-17-2720, upon exhaustion of the procedures for administrative review, may seek judicial review in the court where the order or judgment was issued or registered. Commencement of the review shall not stay enforcement of child support. The court may review the proceedings taken by the division pursuant to this section and may correct any mistakes of fact; however, the court may not reduce or retroactively modify child support arrears.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-2770. Full faith and credit.

A child support enforcement agency in a jurisdiction outside this State may request the division to enforce a child support order issued by a court or administrative agency in another jurisdiction or a lien arising under the law of another jurisdiction. The order or lien must be accorded full faith and credit and the order or lien must be enforced as if the order was issued or the lien arose in South Carolina, without the necessity of registering the order with the court.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-2900. Short title.

This article may be cited as the "Uniform Interstate Family Support Act".
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.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-2920. Tribunals.

(A) For the purposes of continuing exclusive jurisdiction under this article, the tribunals of this State have concurrent jurisdiction to establish, modify, and enforce child support in cases being administered pursuant to Title IV-D of the Social Security Act.
(B) The family court and the support enforcement agency are the tribunals of this State.
(C) The Department of Social Services is the support enforcement agency of this State.
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, designated (A) and added (B) and (C); in (A), deleted the first sentence identifying the family court and support enforcement agency as tribunals.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-2930. Remedies cumulative.

(A) Remedies provided by this article are cumulative and do not affect the availability of remedies under other law or the recognition of a foreign support order on the basis of comity.
(B) This article does not:
(1) provide the exclusive method of establishing or enforcing a support order under the law of this State; or
(2) grant a tribunal of this State jurisdiction to render judgment or issue an order relating to child custody or visitation in a proceeding under this article.
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 "law or" for "Law, including" and substituted "foreign support order" for "support order of a foreign country or political subdivision".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-2940. Application to Resident of Foreign Country and Foreign Support Proceeding.

(A) A tribunal of this State shall apply Parts I through VI and, as applicable, Part VII, to a support proceeding involving:
(1) a foreign support order;
(2) a foreign tribunal; or
(3) an obligee, obligor, or child residing in a foreign country.
(B) A tribunal of this State that is requested to recognize and enforce a support order on the basis of comity may apply the procedural and substantive provisions of Parts I through VI.
(C) Part VII applies only to a support proceeding under the convention. In such a proceeding, if a provision of Part VII is inconsistent with Parts I through VI, Part VII controls.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
PART II
JURISDICTION
DERIVATION TABLE
Showing the sections in former Chapter 7, Title 20 from which the sections in this part were derived.
New
Section Former
Section 63-17-3010 20-7-980 63-17-3020 20-7-985 63-17-3030 20-7-990 63-17-3040 20-7-995 63-17-3050 20-7-1000 63-17-3060 20-7-1005 63-17-3070 20-7-1010 63-17-3080 20-7-1015 63-17-3090 20-7-1020 63-17-3100 20-7-1022 63-17-3110 20-7-1024
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3010. Personal jurisdiction of nonresident.

(A) In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this State may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if:
(1) the individual is personally served with notice and a summons 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;
(7) the individual asserted parentage of a child in the putative father registry maintained in this State by the Department of Social Services; or
(8) there is any other basis consistent with the constitutions of this State and the United States for the exercise of personal jurisdiction.
(B) The bases of personal jurisdiction set forth in subsection (A) or in any other law of this State may not be used to acquire personal jurisdiction for a tribunal of this State to modify a child-support order of another state unless the requirements of Section 63-17-3830 or 63-17-3870 are met, or in the case of a foreign support order, unless the requirements of Section 63-17-3870 are met.
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) and (A)(7), inserted "of a child"; in (A)(7), inserted "by the Department of Social Services"; in (B), substituted "tribunal of this State" for "tribunal of the State", substituted "child-support order" for "child support order", and added "or in the case of a foreign support order, unless the requirements of Section 63-17-3870 are met".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3020. Continuing, exclusive jurisdiction.

Personal jurisdiction acquired by a tribunal of this State in a proceeding under this article or other law of this State relating to a support order continues as long as a tribunal of this State has continuing, exclusive jurisdiction to modify its order or continuing jurisdiction to enforce its order as provided by Sections 63-17-3050, 63-17-3060, and 63-17-3110.
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.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3030. Initiating or responding tribunals.

Under this article, a tribunal of this State may serve as an initiating tribunal to forward proceedings to a tribunal of another state and as a responding tribunal for proceedings initiated in another state or a foreign country.
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, inserted "a tribunal of" before "another state" and inserted "or a foreign country" at the end.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3040. Concurrent filings for support.

(A) A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:
(1) the petition or comparable pleading in this State is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;
(2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and
(3) if relevant, this State is the home state of the child.
(B) A tribunal of this State may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:
(1) the petition or comparable pleading in the other state or foreign country 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 relevant, the other state or foreign country is the home state of the child.
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, inserted references to "foreign country" throughout.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3050. Continuing, exclusive jurisdiction to modify order.

(A) A tribunal of this State that has issued a child-support order consistent with the law of this State has and shall exercise continuing, exclusive jurisdiction to modify its child-support order if the order is the controlling order and:
(1) at the time of the filing of a request for modification this State is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or
(2) even if this State is not the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open court that the tribunal of this State may continue to exercise jurisdiction to modify its order.
(B) A tribunal of this State that has issued a child-support order consistent with the law of this State may not exercise continuing, exclusive jurisdiction to modify the order if:
(1) all of the parties who are individuals file consent in a record with the tribunal of this State that a tribunal of another state that has jurisdiction over at least one of the parties who is an individual or that is located in the state of residence of the child may modify the order and assume continuing, exclusive jurisdiction; or
(2) its order is not the controlling order.
(C) If a tribunal of another state has issued a child-support order pursuant to the Uniform Interstate Family Support Act or a law substantially similar to that act which modifies a child-support order of a tribunal of this State, tribunals of this State shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(D) A tribunal of this State that lacks continuing, exclusive jurisdiction to modify a child-support order may serve as an initiating tribunal to request a tribunal of another state to modify a support order issued in that state.
(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.
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.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3060. Tribunal to enforce or modify.

(A) A tribunal of this State that has issued a child-support order consistent with the law of this State may serve as an initiating tribunal to request a tribunal of another state to enforce:
(1) the order if the order is the controlling order and has not been modified by a tribunal of another state that assumed jurisdiction pursuant to the Uniform Interstate Family Support Act; or
(2) a money judgment for arrears of support and interest on the order accrued before a determination that an order of a tribunal of another state is the controlling order.
(B) A tribunal of this State having continuing jurisdiction over a support order may act as a responding tribunal to enforce the 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)(2), inserted "a tribunal of".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3080. Multiple registrations of orders.

In responding to registrations or petitions for enforcement of two or more child-support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state or a foreign country, a tribunal of this State shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this State.
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, inserted "or a foreign country".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3090. Credit for out-of-state collections.

A tribunal of this State shall credit amounts collected for a particular period pursuant to any child-support order against the amounts owed for the same period under any other child-support order for support of the same child issued by a tribunal of this or another state or a foreign country.
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, inserted "or a foreign country".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3100. Evidence from another state.

A tribunal of this State exercising personal jurisdiction over a nonresident in a proceeding under this article, under other laws of this State relating to a support order, or recognizing a foreign support order may receive evidence from outside this State pursuant to Section 63-17-3360, communicate with a tribunal outside this State pursuant to Section 63-17-3370, and obtain discovery through a tribunal outside this State pursuant to Section 63-17-3380. In all other respects, Parts III through VI do not apply and the tribunal shall apply the procedural and substantive law of this State.
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, inserted "laws" before "of this State relating"; substituted "or recognizing a foreign support order may receive evidence from outside this State" for "or recognizing a support order of a foreign country or political subdivision on the basis of comity may receive evidence from another state"; twice substituted "a tribunal outside this State" for "a tribunal of another state"; and substituted "Parts III through VI" for "Parts III through VII".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3110. Continuing jurisdiction for spousal support.

(A) A tribunal of this State issuing a spousal-support order consistent with the law of this State has continuing, exclusive jurisdiction to modify the spousal-support order throughout the existence of the support obligation.
(B) A tribunal of this State may not modify a spousal-support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.
(C) A tribunal of this State that has continuing, exclusive jurisdiction over a spousal-support order may serve as:
(1) an initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in this State; or
(2) a responding tribunal to enforce or modify its own spousal-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, in (B), twice inserted reference to "foreign country".
PART III
CIVIL PROVISIONS OF GENERAL APPLICATION
DERIVATION TABLE
Showing the sections in former Chapter 7, Title 20 from which the sections in this part were derived.
New
Section Former
Section 63-17-3210 20-7-1025 63-17-3220 20-7-1030 63-17-3230 20-7-1035 63-17-3240 20-7-1040 63-17-3250 20-7-1045 63-17-3260 20-7-1050 63-17-3270 20-7-1055 63-17-3280 20-7-1060 63-17-3290 20-7-1065 63-17-3300 20-7-1070 63-17-3310 20-7-1075 63-17-3320 20-7-1080 63-17-3330 20-7-1085 63-17-3340 20-7-1090 63-17-3350 20-7-1095 63-17-3360 20-7-1100 63-17-3370 20-7-1105 63-17-3380 20-7-1110 63-17-3390 20-7-1115
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3210. Applicability of law.

(A) Except as otherwise provided in this article, this part applies to all proceedings under this article.
(B) An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this article by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state or a foreign country which has or can obtain personal jurisdiction over the respondent.
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 (B), inserted reference to "foreign country".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3220. Initiating proceeding.

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.
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.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3230. Governing law determination.

Except as otherwise provided in this article, a responding tribunal of this State shall:
(1) apply the procedural and substantive 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.
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.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3240. Forwarding of petition.

(A) Upon the filing of a petition authorized by this article, an initiating tribunal of this State shall forward the petition 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.
(B) If requested by the responding tribunal, a tribunal of this State shall issue a certificate or other document and make findings required by the law of the responding state. If the responding tribunal is in a foreign country, upon request the tribunal of this State shall specify the amount of support sought, convert that amount into the equivalent amount in the foreign currency under applicable official or market exchange rate as publicly reported, and provide any other documents necessary to satisfy the requirements of the responding foreign tribunal.
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 (B), substituted "If the responding tribunal is in a foreign country, upon request the tribunal of this State" for "If the responding state is a foreign country or political subdivision, upon request the tribunal"; and inserted "foreign tribunal" at the end.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3250. Responding tribunal powers and duties.

(A) When a responding tribunal of this State receives a petition or comparable pleading from an initiating tribunal or directly pursuant to Section 63-17-3210(B), it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed.
(B) A responding tribunal of this State, to the extent not prohibited by other law, may do one or more of the following:
(1) establish or enforce a support order, modify a child-support order, determine the controlling child-support order, or determine parentage of a child;
(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 tribunal informed of the obligor's current residential address, electronic mail 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 tribunal 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 of this State shall include in a support order issued under this article, or in the documents accompanying the order, the calculations on which the support order is based.
(D) A responding tribunal of this State may not condition the payment of a support order issued under this article upon compliance by a party with provisions for visitation.
(E) If a responding tribunal of this State issues an order under this article, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any.
(F) If requested to enforce a support order, arrears, or judgment or modify a support order stated in a foreign currency, a responding tribunal of this State shall convert the amount stated in the foreign currency to the equivalent amount in dollars under the applicable official or market exchange rate as publicly reported.
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 (B)(1), substituted "establish or enforce" or "issue or enforce" and substituted "determine parentage of a child" for "to determine parentage"; and in (B)(8), inserted "electronic mail address,".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3260. Inappropriate tribunal to forward petition.

If a petition or comparable pleading is received by an inappropriate tribunal of this State, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal of this State or another state and notify the petitioner where and when the pleading was sent.
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, substituted "of this State or another state" for "in this State or another state".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3280. Duty to provide services.

(A) 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 article or may provide those services directly to the individual.
(B) The Department of Social Services may determine that a foreign country has established a reciprocal arrangement for child support with this State and take appropriate action for notification of the determination.
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 (B), deleted "or political subdivision" before "has established".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3290. Private counsel.

An individual may employ private counsel to represent the individual in proceedings authorized by this article.
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.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3300. Department of Social Services as state information agency.

(A) The Department of Social Services is the state information agency under this article.
(B) The state information agency shall:
(1) compile and maintain a current list, including addresses, of the tribunals in this State which have jurisdiction under this article 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 names and addresses of tribunals and support enforcement agencies received from other states;
(3) forward to the appropriate tribunal in the county in this State in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this article received from another state or a foreign country; and
(4) obtain information concerning the location of the obligor and the obligor's property within this State not exempt from execution, by such means as 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, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security.
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 (B)(3), substituted "received from another state or a foreign country" for "received from an initiating tribunal or the state information agency of the initiating state".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3310. Petition contents.

(A) In a proceeding under this article, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under Section 63-17-3320, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee or the parent and alleged parent, and the name, sex, residential address, social security number, and date of birth of each child for whose benefit support is sought or whose parentage is to be determined. Unless filed at the time of registration, the petition must be accompanied by a copy of any support order known to have been issued by another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
(B) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency.
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), inserted "of a child" following "to determine parentage", and substituted "a tribunal of another state or a foreign country" for "another state".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3320. Sealing petition.

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
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.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3330. Fees and costs.

(A) The petitioner may not be required to pay a filing fee or other costs.
(B) If an obligee prevails, a responding tribunal of this State may assess against an obligor filing fees, reasonable attorney's 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 or foreign country, 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 support owed to the obligee has priority over fees, costs, and expenses.
(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 Part VI, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
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 (B), inserted "of this State" following "a responding tribunal", and inserted "or foreign country" following "responding state".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3340. Immunity of petitioner.

(A) Participation by a petitioner in a proceeding under this article before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(B) A petitioner is not amenable to service of civil process while physically present in this State to participate in a proceeding under this article.
(C) The immunity granted by this section does not extend to civil litigation based on acts unrelated to a proceeding under this article committed by a party while physically present in this State to participate in the proceeding.
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.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3350. Nonparentage defense.

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this article.
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.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3370. Communication with other tribunals.

A tribunal of this State may communicate with a tribunal outside this State in a record, or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding. A tribunal of this State may furnish similar information by similar means to a tribunal outside this State.
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.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3380. Discovery powers of tribunal.

A tribunal of this State may:
(1) request a tribunal outside this State to assist in obtaining discovery; and
(2) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this State.
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 (1) and (2), substituted "outside this State" for "of another state"; and in (2), substituted "which" for "whom".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3390. Disbursement of payments.

(A) A support enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified statement by the custodian of the record of the amounts and dates of all payments received.
(B) If neither the obligor, nor the obligee who is an individual, nor the child resides in this State, upon request from the support enforcement agency of this State or another state, the Department of Social Services or a tribunal of this State shall:
(1) direct that the support payment be made to the support enforcement agency in the state in which the obligee is receiving services; and
(2) issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of change of payee, reflecting the redirected payments.
(C) The support enforcement agency of this State receiving redirected payments from another state pursuant to a law similar to subsection (B) shall furnish to a requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates of all payments received.
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), inserted "or a foreign country".
PART IV
ESTABLISHMENT OF SUPPORT ORDER OR DETERMINATION OF PARENTAGE
DERIVATION TABLE
Showing the section in former Chapter 7, Title 20 from which the section in this part was derived.
New
Section Former
Section 63-17-3410 20-7-1120
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3410. Issuance of order.

(A) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if:
(1) the individual seeking the order resides outside this State; or
(2) the support enforcement agency seeking the order is located outside this State.
(B) The tribunal may issue a temporary child-support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(1) a presumed father of the child;
(2) petitioning to have his paternity adjudicated;
(3) identified as the father of the child through genetic testing;
(4) an alleged father who has declined to submit to genetic testing;
(5) shown by clear and convincing evidence to be the father of the child;
(6) an acknowledged father as provided by law;
(7) the mother of the child; or
(8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.
(C) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Section 63-17-3250.
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), inserted "with personal jurisdiction over the parties"; and in (A)(1) and (A)(2), substituted "outside this State" for "in another state".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3420. Proceeding to determine parentage.

A tribunal of this State authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this article or a law or procedure substantially similar to this article.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
PART V
ENFORCEMENT OF SUPPORT ORDER WITHOUT REGISTRATION
DERIVATION TABLE
Showing the sections in former Chapter 7, Title 20 from which the sections in this part were derived.
New
Section Former
Section 63-17-3510 20-7-1124 63-17-3520 20-7-1125 63-17-3530 20-7-1126 63-17-3540 20-7-1127 63-17-3550 20-7-1128 63-17-3560 20-7-1129 63-17-3570 20-7-1130
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3510. Mailing order to employer.

An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer under Articles 11, 13, and 15 without first filing a petition or comparable pleading or registering the order with a tribunal of this State.
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.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3520. Employer duties.

(A) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor.
(B) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of this State.
(C) Except as otherwise provided in subsection (D) and Section 63-17-3530, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:
(1) the duration and amount of periodic payments of current child support, stated as a sum certain;
(2) the person designated to receive payments and the address to which the payments are to be forwarded;
(3) medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment;
(4) the amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and
(5) the amount of periodic payments of arrearages and interest on arrearages, stated as sums certain.
(D) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to:
(1) the employer's fee for processing an income-withholding order;
(2) the maximum amount permitted to be withheld from the obligor's income; and
(3) the times within which the employer must implement the withholding order and forward the child-support payment.
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 (C)(1), substituted "child support" for "child-support".