reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1070. Disclosure of information.

(A) Information provided to a licensing entity pursuant to this section is subject to disclosure in accordance with the Freedom of Information Act.
(B) A person who releases information received by a licensing entity pursuant to this section, except as authorized by this section or another provision of law, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.
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 63-17-1080. Social Security numbers to be provided.

An applicant for a license or for renewal of a license shall submit the applicant's social security number, or the alien identification number assigned to a resident alien who does not have a social security number, to the licensing entity which must be recorded on the application.
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 63-17-1410. Definitions.

As used in this section:
(1) "Arrearage" means the total amount of unpaid support obligations.
(2) "Court" as used in this section means Family Court.
(3) "Delinquency" means when a support payment owed by an obligor pursuant to an order of support is overdue in an amount equal to at least one month's support obligation.
(4) "Income" means any periodic form of payment to an individual regardless of source including, but not limited to, wages, salary, commission, bonuses, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, payments made pursuant to a retirement program, interest, and any other payments made by a person or an agency or department of the federal, state, or local government provided the income excludes:
(a) amounts required by law to be withheld, other than creditor claims, including, but not limited to, federal, state, and local taxes, social security and other retirement deductions, and disability contributions;
(b) amounts exempted by federal law;
(c) public assistance payments.
Any other state or local laws which limit or exempt income or the amount or percentage of income that can be withheld do not apply.
(5) "Obligee" means an individual or the individual's assignee who is entitled to receive payments pursuant to an order of support.
(6) "Obligor" means an individual who is required to make payments pursuant to order for support.
(7) "Order for support" means any order of a court or an administrative agency of competent jurisdiction which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse, whether temporary or final, whether incidental to a proceeding for divorce, separation, separate maintenance, paternity, guardianship, or otherwise and includes any order providing for a modification of support payment of an arrearage or reimbursement of support.
(8) "Payor" means any payor of income to an obligor. For purposes of this section, the South Carolina Department of Employment and Workforce is not considered to be a payor.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
Code Commissioner's Note
Pursuant to the directive to the Code Commissioner in 2010 Act No. 146, Section 122, "Department of Employment and Workforce" was substituted for all references to "Employment Security Commission", and "Executive Director of the Department of Employment and Workforce" or "executive director" was substituted for all references to the "Chairman of the Employment Security Commission" or "chairman" that refer to the Chairman of the Employment Security Commission, as appropriate.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1420. Orders for support subject to withholding notice.

(A) For all Title IV-D cases in which support orders are issued or modified after October 31, 1990, and for all nontitle IV-D cases in which support orders are issued or modified after January 3, 1994, the income of an obligor is subject to immediate withholding as of the effective date of the order without the requirement that an arrearage accumulate. However, income is not subject to withholding if:
(1) one of the parties demonstrates and the court finds that there is good cause not to require immediate income withholding; or
(2) a written agreement is reached between both parties which provides for an alternative arrangement.
(B) All orders for support entered or modified in the State before October 1, 1996, if not otherwise subject to wage withholding, are subject to withholding if a delinquency occurs without the need for a judicial or administrative hearing. These orders must be construed to contain this withholding provision even if the provision has been omitted from the written order; however, the court may order withholding to begin immediately for good cause shown. The court is required to make specified written findings to support immediate withholding.
(C) Income withholding must be initiated in all Title IV-D cases upon the request of the obligee without the necessity of a delinquency, if the State approves the request in accordance with the procedures and standards as it may establish. If the obligee requests income withholding pursuant to this section, notice of the request must be provided to the obligor by the clerk of court, and if the obligor objects to the income withholding within ten days after the postmarked date of the notice, a hearing must be held, and the family court shall subject the obligor's income to withholding unless the court finds that there is good cause not to require immediate income withholding. Where there is no objection by the obligor after proper notice, the clerk of court shall implement immediate income withholding.
(D) If an obligor, whose wages are not withheld and who is not required to pay through the family court, is found to be, or is found to have been, delinquent pursuant to an order for support in an amount equal to three or more month's support obligation, the clerk of court must order the obligor's wages enrolled for wage withholding to begin immediately for the payment of the obligor's support obligation, even if the arrearage has been fully or partially paid at the time of the hearing.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1430. Petitioning the court.

(A) An obligor may petition the court at any time prior to the occurrence of a delinquency seeking an order for income withholding procedures to begin immediately.
(B) Where the obligor makes payments directly to the obligee pursuant to an order for support and where income withholding procedures take effect, the provisions to pay directly are superseded by the withholding process and the obligor and the payor on behalf of the obligor during the period of withholding must pay this support through the State Disbursement Unit.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
Editor's Note
The State Disbursement Unit is to be implemented in accordance with Section 63-17-610. See 2008 Act No. 332, Section 8 referencing this section as enacted in Chapter 7 of Title 20.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1440. Verified notice of delinquency.

(A) If a delinquency occurs, the clerk of court shall prepare, file, and serve on the obligor a verified notice of delinquency within fifteen calendar days of the delinquency if the obligor's address is known or if the address is not known, within fifteen calendar days of locating the obligor. If the obligor makes payments pursuant to an order for support directly to the obligee and the obligee seeks income withholding, the notice of delinquency must be verified by the obligee and then served on the obligor by the clerk of court as with any other notice of delinquency.
(B) The verified notice of delinquency must be served on the obligor by regular mail addressed to the obligor's last known address or place of employment. Upon mailing the notice, the clerk of court shall file a certificate of mailing stating the name and address to which the notice was mailed and the date on which it was mailed. If service cannot be effected as set forth in this section, the obligor may be served as prescribed for service in civil actions.
(C) The notice of delinquency shall inform the obligor that a delinquency has occurred and shall recite the monthly support obligations of the obligor pursuant to the order of support, the total amount of the arrearage as of the date of the notice, and the amount of income to be withheld. The notice must clearly state that a notice to withhold will be sent to the obligor's current or subsequent payor, income withholding will begin, and that a judgment lien may be imposed against the obligor's personal or real property in the amount of the arrearage pursuant to Section 63-17-1600, unless the obligor files a petition to stay service in accordance with Section 63-17-1450.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1450. Petitions to stay service.

(A) The obligor may prevent a notice to withhold from being served on the obligor's payor and prevent the recording of the arrearage pursuant to Section 63-17-1600 by filing a petition to stay service with the clerk of court with jurisdiction of the matter within ten days of the date that the notice of delinquency is postmarked; however, the grounds for granting the petition to stay service are limited to a dispute concerning the identity of the obligor or the existence or amount of the arrearage.
(B) Filing of a petition to stay service within the ten days required under this section prohibits the clerk of court from serving the notice to withhold on any payor of the obligor and prohibits the recordation of the arrearage.
(C) If a petition to stay service is filed, a hearing on the petition must be held within thirty days of its filing. The obligor, obligee, and Department of Social Services, where appropriate, must be notified by the clerk of court of the date, time, and place of the hearing and the court must decide the matter, notify the obligor, and enter an order granting or denying relief or amending the notice of delinquency within forty-five days of the date the notice of delinquency was mailed to the obligor. If the court finds that a delinquency existed when the notice of delinquency was mailed, the court shall order immediate service of the notice to withhold and the arrearage may be recorded immediately pursuant to Section 63-17-1600. The court shall inform the obligor of the time frame within which withholding is to begin and shall provide the obligor in writing with the information contained in the notice to withhold to be served on the payor with respect to the withholding.
(D) Upon filing an affidavit with the court stating that a petition to stay service was not timely filed because the notice of delinquency was not received and that grounds exist for a petition to stay service as stated in subsection (A), the obligor is permitted to file a petition to withdraw the notice to withhold, terminate the withholding procedures, and remove the judgment created by the recording of the arrearage. Income withholding, however, may not be interrupted unless the court enters an order granting the relief sought by the obligor based on the limited grounds for a petition to stay service.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1470. Termination or suspension of withholding.

(A) The clerk of court may suspend income withholding because of inability to deliver the income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery. Upon relocating the obligee and upon meeting the requirements of notice and service pursuant to this article, income withholding must be reinstated.
(B) An obligor may petition the court at any time to terminate income withholding pursuant to a notice to withhold:
(1) if there is no longer a current order for support and all arrearages are paid; or
(2) if the obligor requests termination and withholding has not been terminated previously and subsequently reinstated and the obligor meets the conditions for an alternative arrangement.
However, if termination is granted and subsequently a delinquency occurs, the clerk of court shall reinstate withholding procedures by complying with all requirements for notice and service pursuant to this article.
(C) The clerk of court shall serve on the payor by regular mail a copy of any order entered pursuant to this section or Section 63-17-1450(D) that affects the duties of the payor. If service cannot be effected as set forth in this section, the payor may be served as prescribed for service in civil actions.
(D) The notice to withhold continues to be binding upon the payor until service of any order of the court entered under this section or Section 63-17-1450(D) or until notice is served on the payor by the clerk of court that the underlying order is, for other reasons such as expiration of the support obligation, no longer in effect.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1480. Change of address notification.

An obligee who is receiving income withholding payments under this article shall notify the clerk of court of any change of address within seven days of the change.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1490. Obligee's public aid status.

An obligee who is a recipient of public aid must send a copy of any notice of delinquency filed pursuant to Section 63-17-1440 to the Division of Child Support of the South Carolina Department of Social Services.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1500. Notification upon employment.

An obligor whose income is being withheld or who has been served with a notice of delinquency pursuant to this article shall notify the clerk of court of any new payor and of the availability of health insurance for any children for whom support is ordered within seven days after employment commences.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1510. Unemployment benefits notification.

If the Division of Child Support of the Department of Social Services is notified by the South Carolina Department of Employment and Workforce in accordance with Section 41-35-140 that an obligor is receiving unemployment insurance benefits, the division must notify the court for the intercept of unemployment insurance benefits if a delinquency occurs and the obligor's case is a Title IV-D case. The intercept of unemployment insurance benefits must be in accordance with Section 41-35-140.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
Code Commissioner's Note
Pursuant to the directive to the Code Commissioner in 2010 Act No. 146, Section 122, "Department of Employment and Workforce" was substituted for all references to "Employment Security Commission", and "Executive Director of the Department of Employment and Workforce" or "executive director" was substituted for all references to the "Chairman of the Employment Security Commission" or "chairman" that refer to the Chairman of the Employment Security Commission, as appropriate.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1520. Reporting receipt of payment toward arrearage.

Upon receiving any other support payment including, but not limited to, a tax offset under federal or state law or any payment toward an arrearage, the Department of Social Services, within the time permitted by Title IV-D of the Social Security Act, shall provide notice of the payment to the clerk of court.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1530. Record of payments and disbursements.

Copies of support payment records certified by the Department of Social Services or the clerk of court shall, without further proof, be admissible as evidence in a dispute concerning support payments.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1540. Forms.

The Department of Social Services and the Office of Court Administration shall design suggested legal forms for proceeding under this article and shall make available to the courts for distribution to parties in support actions these forms and informational materials which describe the procedures and remedies set forth in this article.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1550. Payor's wilful failure to withhold.

If a payor wilfully fails to withhold or pay over income pursuant to a notice to withhold, the court upon notice and hearing may enter judgment and direct the issuance of an execution against the payor for the total amount that the payor wilfully failed to withhold. A payor who wilfully refuses to hire or who discharges or otherwise penalizes an obligor as prohibited by Section 63-17-1460(I) or who fails to notify the clerk of the availability of health insurance is subject to a civil fine not to exceed five hundred dollars which may be imposed by the court in its discretion.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1560. False proceedings; contempt.

If an obligor, obligee, or the Department of Social Services wilfully initiates a false proceeding under this article or wilfully fails to comply with the requirements of this article, punishment for contempt may be imposed.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1570. Additional rights and remedies.

The rights, remedies, duties, and penalties created by this article are in addition to any other rights, remedies, duties, and penalties otherwise provided by law.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
Editor's Note
The State Disbursement Unit is to be implemented in accordance with Section 63-17-610. See 2008 Act No. 332, Section 8 referencing this section as enacted in Chapter 7 of Title 20.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1580. Centralized system of withholding.

Amounts collected through the State Disbursement Unit are subject to court costs pursuant to Section 63-3-370(C), with disposition of all these fees made in accordance with Section 14-1-203. Employers shall make payment of the amount withheld to the State Disbursement Unit within seven working days of the date income is withheld. The department shall, in compliance with federal requirements, disburse child support funds received from employers to the custodial parent.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
Editor's Note
The State Disbursement Unit is to be implemented in accordance with Section 63-17-610. See 2008 Act No. 332, Section 8 referencing this section as enacted in Chapter 7 of Title 20.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1590. Authority to promulgate regulations.

The Office of Court Administration after consultation with the Department of Social Services is authorized to promulgate those regulations necessary to implement this subarticle.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1600. Recording arrearages.

When a delinquency occurs as defined in Section 63-17-1410, the obligor must be given notice pursuant to Section 63-17-1440 of the proposed lien. Where no petition to stay service is timely filed or where no relief is granted to the obligor pursuant to Section 63-17-1450, the arrearage may be recorded or provided for in Section 63-17-1460 in the appropriate index in the office of the Clerk of Court or Register of Deeds. Upon recordation the arrearage has the same force and effect as a judgment and it is cumulative to the extent of any and all past due support, until the arrearage is paid in full. The judgment may be recorded in any county in which the obligor resides or in which he owns real property by the filing of a transcript of judgment in that county. A lien imposed pursuant to this section is not dischargeable in bankruptcy.
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 63-17-1810. Definitions.

As used in this article:
(1) "Agency" means the clerk of court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders.
(2) "Child" means any child, whether above or below the age of majority, with respect to whom a support order exists.
(3) "Court" means the family court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders.
(4) "Income" means any form of payment to an individual as defined in Section 63-17-1410.
(5) "Income derived in this jurisdiction" means any income, the payor of which is subject to the jurisdiction of this State for the purpose of imposing and enforcing income withholding under Section 63-17-1410.
(6) "Jurisdiction" means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(7) "Obligee" means any person or entity which is entitled to receive support under an order of support and includes an agency of another jurisdiction to which a person has assigned his right to support.
(8) "Obligor" means any person required to make payments under the term of a support order for a child, spouse, or former spouse.
(9) "Payor" means any payor of income.
(10) "Support order" means an order of a court which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final, whether incidental to a proceeding for divorce, separation, separate maintenance, paternity, guardianship, or otherwise and includes an order providing modification of support payment of an arrearage or reimbursement of support.
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 63-17-1820. Supplemental remedy.

The remedy provided in this article is in addition to, and not in substitution for, any other remedy otherwise available to enforce a support order of another jurisdiction. Relief under this article may not be denied, delayed, or otherwise affected because of the availability of other remedies, nor may relief under any other statute be delayed or denied because of the availability of this remedy.
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 63-17-1830. Order to withhold income out-of-state.

On behalf of any obligee for whom the clerk of court is already providing services, or on application of a resident of this State, an obligee or obligor of a support order issued by this State, or an agency to whom the obligee has assigned support rights, the clerk of court shall promptly request the agency of another jurisdiction in which the obligor of a support order derives income to enter the order for the purpose of obtaining income withholding against the income. The clerk of court shall compile and transmit promptly to the agency of the other jurisdiction all documentation required to enter a support order for this purpose. The clerk of court also shall transmit immediately to the agency of the other jurisdiction a certified copy of any subsequent modifications of the support order. If the clerk of court receives notice that the obligor is contesting income withholding in another jurisdiction, it shall immediately notify the individual obligee of the date, time, and place of the hearings and of the obligee's right to attend.
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 63-17-1840. Out-of-state order on in-state obligor.

(A) Upon receiving a support order of another jurisdiction with the documentation specified in subsection (B) of this section from an agency of another jurisdiction an obligee, an obligor, or an attorney for either, the clerk of court shall enter this order.
(B) The following documentation is required for the entry of a support order of another jurisdiction:
(1) a certified copy of the support order with all modifications;
(2) a certified copy of an income withholding order, if any, still in effect;
(3) a copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining income withholding under the law of that jurisdiction;
(4) a sworn statement of the obligee or certified statement of the agency of the arrearages and the assignment of support rights, if any;
(5) a statement of:
(a) the name, address, and social security number of the obligor, if known;
(b) the name and address of the obligor's employer or of any other source of income of the obligor derived in this State against which income withholding is sought;
(c) the name and address of the agency or person to whom support payments collected by income withholding must be transmitted.
(C) If the documentation received by the clerk of court under subsection (A) of this section does not conform to the requirements of subsection (B) of this section, the clerk of court shall remedy any defect which it can without the assistance of the requesting agency or person. If the clerk of court is unable to make such corrections, the requesting agency, or person, shall immediately be notified of the necessary additions or corrections. The clerk of court shall accept the documentation required by subsections (A) and (B) of this section even if it is not in the usual form required by state or local rules, so long as the substantive requirements of these subsections are met.
(D) A support order entered under subsection (A) of this section is enforceable by income withholding against income derived in this State in the manner and with the effect as set forth in Sections 63-17-1850 through 63-17-1920 and in Article 11. Entry of the order does not confer jurisdiction on the courts of this State for any purpose other than income withholding.
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 63-17-1850. Notice of delinquency.

(A) On the date a support order is entered pursuant to Section 63-17-1840, the clerk of court shall serve upon the obligor, in accordance with Section 63-17-1440, a verified notice of delinquency. The notice shall also advise the obligor that the income withholding was requested on the basis of a support order of another jurisdiction.
(B) If the obligor seeks a hearing to contest the proposed income withholding the clerk of court shall immediately notify the requesting agency and the Department of Social Services when the request for withholding was from an agency, the obligee, obligor, or an attorney for either of the date, time, and place of the hearing and of the obligee's right to attend the hearing.
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 63-17-1870. Order.

If the obligor does not request a hearing in the time provided, or if a hearing is held and it is determined that the obligee has or is entitled to income withholding under the local law of the jurisdiction which issued the support order, the clerk of court shall issue a notice to withhold under Section 63-17-1450. The clerk of court shall notify the requesting agency or person of the date upon which withholding must begin.
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 63-17-1880. Income withholding; applicability to out-of-state order.

The provisions of Sections 63-17-1430, 63-17-1440, 63-17-1450, 63-17-1460, 63-17-1470(A), (C), and (D), and 63-17-1510 apply to income withholding based on a support order of another jurisdiction entered under this article and under Articles 11 and 15.
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 63-17-1890. Receipt of payments by State Disbursement Unit; effect of support order.

(A) The notice to withhold shall direct payment to be made to the State Disbursement Unit. The State Disbursement Unit shall promptly transmit payments received pursuant to an order to withhold based on a support order of another jurisdiction entered under this article and under Articles 11 and 15 to the agency or person designated in subitem (c) of item (5) of subsection (B) of Section 63-17-1840.
(B) A support order entered pursuant to Section 63-17-1840 does not nullify and is not nullified by a support order made by a court of this State pursuant to any other law or by a support order made by a court of any other state. Amounts collected by any withholding of income must be credited against the amounts accruing or accrued for any period under any support orders issued either by this State or by a sister state.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 5.
Editor's Note
The State Disbursement Unit is to be implemented in accordance with Section 63-17-610. See 2008 Act No. 332, Section 8 referencing this section as enacted in Chapter 7 of Title 20.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1900. Amendment of withholding order.

(A) The clerk of court, upon receiving a certified copy of any amendment or modification to a support order entered pursuant to Section 63-17-1840, shall initiate, as though it were a support order of this State, necessary procedures to amend or modify the order to withhold of this State which was based upon the entered support order. The court shall amend or modify the order to withhold to conform to the modified support order.
(B) If the clerk of court determines that the obligor has obtained employment in another state or has a new or additional source of income in another state, he shall notify the agency which requested the income withholding of the changes and shall forward to that agency all information it has or can obtain with respect to the obligor's new address and the name and address of the obligor's new employer or other source of income. The clerk of court shall include with the notice a certified copy of the order to withhold in effect in this State.
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 63-17-1910. Voluntary income withholding.

Any person who is the obligor on a support order of another jurisdiction may obtain voluntary income withholding by filing with the clerk of court a request for withholding and a certified copy of the support order of a sister state. The clerk of court shall issue a notice to withhold under Section 63-17-1450(B). Payment must be made to the State Disbursement Unit.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 6.
Editor's Note
The State Disbursement Unit is to be implemented in accordance with Section 63-17-610. See 2008 Act No. 332, Section 8 referencing this section as enacted in Chapter 7 of Title 20.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-1920. Applicability of state law; foreign law.

(A) The law of this State shall apply in all actions and proceedings concerning the issuance, enforcement, and duration of orders to withhold issued by a court of this State, which is based upon a support order of another jurisdiction entered pursuant to Section 63-17-1830, except as provided in subsections (B) and (C) of this section.
(B) The law of the jurisdiction which issued the support order shall govern the following:
(1) the interpretation of the support order entered under Section 63-17-1840, including amount, form of payment, and the duration of support;
(2) the amount of support arrearages necessary to require the issuance of an order to withhold;
(3) the definition of what costs, in addition to the periodic support obligation, are included as arrearages which are enforceable by income withholding, including but not limited to interest, attorney's fees, court costs, and costs of paternity testing.
(C) The court in this State may impose its costs as allowed by law.
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 63-17-2110. Contents of order.

To be enforced pursuant to this article, a court order which requires a parent to provide health coverage for a child must:
(1) clearly specify:
(a) the name, social security number, and last known mailing address, if any, of the parent and the name, social security number, date of birth, and mailing address of each child covered by the order;
(b) a reasonable description of the type of coverage to be provided by the plan to each child or the manner in which the type of coverage is to be determined;
(c) the period to which the order applies;
(d) each plan to which the order applies; and
(2) not require a plan to provide a type or form of benefit or an option, not otherwise provided under the plan, except to the extent necessary to meet the requirements of this article.
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 63-17-2120. Duties of employer or health insurer.

If a court order requiring a parent to provide health coverage to a child is received by an employer or a health insurer, including a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974 or health maintenance organization as defined in Section 38-33-20:
(1) the employer or health insurer promptly shall notify the parent and each child of the receipt of the order and the employer's or insurer's procedures for determining whether the order is covered by this article;
(2) within a reasonable period after receipt of the order, the employer or insurer shall determine whether the order is covered by this article and notify the parent and each child of the determination;
(3) shall establish reasonable procedures to determine whether the order is covered by this article and to administer the provision of benefits under qualified orders. The procedures must:
(a) be in writing;
(b) provide for the notification of each person specified in the order as eligible to receive benefits, at the address included in the order, of these procedures promptly upon receipt by the employer or insurer of the order; and
(c) permit the court or the child's legal guardian to designate a representative for receipt of copies of notices that are sent with respect to a medical 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 63-17-2130. Notice of order to employer.

(A) If a parent is required by a court order to provide health coverage for a child and the parent is eligible for family health coverage through an employer in this State, notice and a copy of the order must be sent to the employer. The notice and copy of the order may be sent by first class mail. The notice must explain all of the employer's legal obligations under this article. In cases enforced by the Child Support Enforcement Division of the Department of Social Services, the division shall use the National Medical Support Notice promulgated by the federal Office of Child Support Enforcement. Upon receipt of notice and the order, the employer shall:
(1) permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;
(2) if the parent is enrolled but fails to make application to obtain coverage for the child, enroll the child under family coverage upon application of:
(a) the child's other parent;
(b) the state agency administering the Medicaid program; or
(c) the state agency administering 42 U.S.C. Sections 651 to 669, the child support enforcement program; and
(3) continue coverage of the child unless the employer:
(a) is provided satisfactory written evidence that the court order is no longer in effect or that the child is or will be enrolled in comparable health coverage through another insurer which will take effect not later than the effective date of disenrollment; or
(b) has eliminated family health coverage for all of its employees.
(B) An employer who has received a copy of a court order pursuant to this section is bound by the order until further notice by the court. The employer shall notify the court within twenty days after the parent named in the order is no longer employed and shall provide the parent's last known address and the name and address of the parent's new employer, if known.
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 63-17-2140. Withholding by employer.

(A) If a court order requires a parent to provide and maintain health coverage for a child and the parent is eligible for family health coverage through an employer, the order shall include a provision directing the employer to withhold from money, income, or periodic earnings due the parent an amount which is sufficient to provide for premiums for the health coverage offered through the employer unless:
(1) the court finds that under regulations promulgated by the Secretary of the Department of Health and Human Services, circumstances exist warranting withholding less than the employee's share of the premiums; or
(2) the amount withheld exceeds the maximum amount permitted to be withheld under the federal Consumer Credit Protection Act.
(B) Income withholding takes effect immediately upon completion of enrollment requirements.
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 63-17-2150. Proof of compliance.

Within thirty days after receipt of an order requiring the obligated parent to provide health care coverage for a child, the parent or employer must provide the child's other parent written proof that the insurance has been obtained or that an application for insurance has been made. Proof of insurance coverage consists of, at a minimum:
(1) the name of the insurer;
(2) the policy number;
(3) an insurance card;
(4) the address to which claims must be mailed;
(5) a description of any restriction on usage including, but not limited to, prior approval for hospital admission and the manner in which to obtain prior approval;
(6) description of all deductibles;
(7) five copies of claim forms.
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 63-17-2160. Priority of order.

(A) A court order which requires income withholding pursuant to this article has priority over all other legal processes under state law against money, income, or periodic earnings of the noncustodial parent except an order of income withholding for child support.
(B) A person under a court order to provide and maintain health care coverage as of July 1, 1994, is subject to the income withholding for health coverage provisions of this article. The only ground to contest an order of income withholding for health coverage is a mistake of fact. If the person contests the withholding because of a mistake of fact, the court shall provide the person an opportunity to present his or her case. The court shall determine whether to order withholding and shall notify the person of the determination and, if appropriate, the time period in which withholding will commence.
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 63-17-2170. Withholding to reimburse medical expenses.

(A) To the extent necessary to reimburse the state agency administering the Medicaid program for expenditures on behalf of a child, the agency may petition the court seeking withholding of employment income or state tax refunds from a person who:
(1) is required by a court order to provide and maintain health coverage for a child who is eligible for medical assistance under a State Plan for Medical Assistance pursuant to Title XIX of the Social Security Act;
(2) has received payment from a third party for the costs of health care items or services; and
(3) has not used the payment to reimburse, as appropriate, either the other parent or guardian of the child or the provider of the items or services.
(B) Claims for current or past due child support take priority over claims filed pursuant to this section.
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 63-17-2180. Employer prohibited actions against employee.

An employer is prohibited from discharging, refusing to employ, or taking other disciplinary action against a person because of an income withholding order for health coverage. The person has the burden of proving that income withholding for health coverage was the sole reason for the employer's 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 63-17-2190. Penalties.

An employer or insurer who violates any provision of this article is subject to the contempt power of the court issuing the order and may be fined up to fifty dollars per day.
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 63-17-2320. Information from financial institutions.

(A) In the manner and form prescribed by the Child Support Enforcement Division, a financial institution, as defined in Section 63-17-2310(A)(2), on a quarterly basis, shall provide the division or its designee information on account holders for use in the establishment, enforcement, and collection of child support obligations including, but not limited to:
(1) full name;
(2) social security number or taxpayer identification number, or the alien identification number assigned to a resident alien who does not have a social security number;
(3) record address;
(4) account numbers; and
(5) information on assets and liabilities.
(B) Utilizing automated data exchanges to the maximum extent feasible, a financial institution shall provide for each calendar quarter the name, address, social security number, or the alien identification number assigned to a resident alien who does not have a social security number, and other identifying information for each noncustodial parent who maintains an account at the institution and who owes past-due support, as identified by the division by name and social security number, or the alien identification number assigned to a resident alien who does not have a social security number.
(C) In response to a notice of lien or levy, a financial institution shall encumber or surrender, as the case may be, assets held by the institution on behalf of a noncustodial parent who is subject to a child support lien.
(D) The department shall pay a reasonable fee to a financial institution for conducting the data match, not to exceed the actual costs incurred by the financial institution.
(E) This section remains in effect until the federal mandate requiring the operation of a financial institution data match is repealed.
HISTORY: 2008 Act No. 361, Section 2.