reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3530. Multiple income-withholding orders.

If an obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for two or more child-support obligees.
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 63-17-3540. Immunity.

An employer that complies with an income-withholding order issued in another state in accordance with this part is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.
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 "employer that complies" for "employer who complies".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3550. Failure to comply.

An employer that wilfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order 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, substituted "employer that wilfully" for "employer who wilfully", and substituted "issued in another" for "issued by another".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3560. Contesting withholding order.

(A) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this State by registering the order in a tribunal of this State and filing a contest to that order as provided in Part VI, or otherwise contesting the order in the same manner as if the order had been issued by a tribunal of this State.
(B) The obligor shall give notice of the contest to:
(1) a support enforcement agency providing services to the obligee;
(2) each employer that has directly received an income-withholding order relating to the obligor; and
(3) the person designated to receive payments in the income-withholding order or, if no person is designated, to the obligee.
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 63-17-3570. Enforcement of orders.

(A) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this State.
(B) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if appropriate, use any administrative procedure authorized by the law of this State to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to 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 "in another state or a foreign support order" for "by a tribunal of another state".
PART VI
REGISTRATION, ENFORCEMENT, AND MODIFICATION OF SUPPORT ORDER
Subpart 1
Registration for Enforcement of Support Order
DERIVATION TABLE
Showing the sections in former Chapter 7, Title 20 from which the sections in this subpart were derived.
New
Section Former
Section 63-17-3610 20-7-1132 63-17-3620 20-7-1134 63-17-3630 20-7-1136 63-17-3640 20-7-1138
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3610. Registration of out-of-state order.

A support order or income-withholding order issued in a tribunal of another state or a foreign support order may be registered in this State for enforcement.
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 "issued in a tribunal of another state or a foreign support order" for "issued by a tribunal of another state".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3620. Registration procedures.

(A) Except as provided in Section 63-17-3935, a support order or income-withholding order of another state or a foreign support order may be registered in this State by sending the following records to the Department of Social Services:
(1) a letter of transmittal to the tribunal requesting registration and enforcement;
(2) two copies, including one certified copy, of the order to be registered, including any modification of the order;
(3) a sworn statement by the person requesting registration or a certified statement by the custodian of the records showing the amount of any arrearage;
(4) the name of the obligor and, if known:
(a) the obligor's address and social security number;
(b) the name and address of the obligor's employer and any other source of income of the obligor; and
(c) a description and the location of property of the obligor in this State not exempt from execution; and
(5) except as otherwise provided in Section 63-17-3320, the name and address of the obligee and, if applicable, the person to whom support payments are to be remitted.
(B) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as an order of a tribunal of another state or a foreign support order, together with one copy of the documents and information, regardless of their form.
(C) A petition or comparable pleading seeking a remedy that must be affirmatively sought under other law of this State may be filed at the same time as the request for registration or later. The pleading must specify the grounds for the remedy sought.
(D) If two or more orders are in effect, the person requesting registration shall:
(1) furnish to the tribunal a copy of every support order asserted to be in effect in addition to the documents specified in this section;
(2) specify the order alleged to be the controlling order, if any; and
(3) specify the amount of consolidated arrears, if any.
(E) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification. The person requesting registration shall give notice of the request to each party whose rights may be affected by 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 (A), inserted "Except as provided in Section 63-17-3935,", inserted "or a foreign support order", and deleted "and information" following "records"; and in (B), substituted "filed as an order of a tribunal of another state or a foreign support order" for "filed as a foreign judgment".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3630. Filing order.

(A) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this State.
(B) A registered support order issued in another state or a foreign country is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this State.
(C) Except as otherwise provided in this part, a tribunal of this State shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction.
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 support order"; and in (B), inserted "support" before "order", and 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 63-17-3640. Applicable law.

(A) Except as otherwise provided in subsection (D), the law of the issuing state or a foreign country governs:
(1) the nature, extent, amount, and duration of current payments under a registered support order;
(2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and
(3) the existence and satisfaction of other obligations under the support order.
(B) In a proceeding for arrears under a registered support order, the statute of limitation of this State or of the issuing state or a foreign country, whichever is longer, applies.
(C) A responding tribunal of this State shall apply the procedures and remedies of this State to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this State.
(D) After a tribunal of this State or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this State shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.
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 reference to "foreign country" throughout, and in (D), inserted "State" before "or another jurisdiction".
Subpart 2
Contest of Validity or Enforcement
DERIVATION TABLE
Showing the sections in former Chapter 7, Title 20 from which the sections in this subpart were derived.
New
Section Former
Section 63-17-3710 20-7-1140 63-17-3720 20-7-1142 63-17-3730 20-7-1144 63-17-3740 20-7-1146
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3710. Notification of registration.

(A) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this State shall notify the nonregistering party. Notice must be given by first-class, certified, or registered mail or by any means of personal service authorized by the law of this State. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order.
(B) A notice must inform the nonregistering party:
(1) that a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of this State;
(2) that a hearing to contest the validity or enforcement of the registered order must be requested within twenty days after notice unless the registered order is under Section 63-17-3940;
(3) that failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages; and
(4) of the amount of any alleged arrearages.
(C) If the registering party asserts that two or more orders are in effect, a notice also must:
(1) identify the two or more orders and the order alleged by the registering party to be the controlling order and the consolidated arrears, if any;
(2) notify the nonregistering party of the right to a determination of which is the controlling order;
(3) state that the procedures provided in subsection (B) apply to the determination of which is the controlling order; and
(4) state that failure to contest the validity or enforcement of the order alleged to be the controlling order in a timely manner may result in confirmation that the order is the controlling order.
(D) Upon registration of an income-withholding order for enforcement, the support enforcement agency or the registering tribunal shall notify the obligor's employer pursuant to Articles 11, 13, and 15.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, 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 support order" and "of this State" in the first sentence; in (B)(2), inserted "unless the registered order is under Section 63-17-3940"; in (C)(1), substituted "party" for "person"; and in (D), inserted "the support enforcement agency or".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3720. Contesting validity of order.

(A) A nonregistering party seeking to contest the validity or enforcement of a registered order in this State shall request a hearing within twenty days after notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Section 63-17-3730.
(B) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law.
(C) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
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 63-17-3730. Defenses; burden of proof.

(A) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses:
(1) the issuing tribunal lacked personal jurisdiction over the contesting party;
(2) the order was obtained by fraud;
(3) the order has been vacated, suspended, or modified by a later order;
(4) the issuing tribunal has stayed the order pending appeal;
(5) there is a defense under the law of this State to the remedy sought;
(6) full or partial payment has been made;
(7) the statute of limitation under Section 63-17-3640 precludes enforcement of some or all of the alleged arrearages; or
(8) the alleged controlling order is not the controlling order.
(B) If a party presents evidence establishing a full or partial defense under subsection (A), a tribunal may stay enforcement of the registered support order, continue the proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested portion of the registered support order may be enforced by all remedies available under the law of this State.
(C) If the contesting party does not establish a defense under subsection (A) to the validity or enforcement of a registered support order, the registering tribunal shall issue an order confirming 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) and (B), inserted "support" before "order"; and in (C), inserted "a registered support" before "order".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3740. Confirmation.

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.
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 "support" before "order".
Subpart 3
Registration and Modification of Child-Support Order of Another State
DERIVATION TABLE
Showing the sections in former Chapter 7, Title 20 from which the sections in this subpart were derived.
New
Section Former
Section 63-17-3810 20-7-1148 63-17-3820 20-7-1150 63-17-3830 20-7-1152 63-17-3840 20-7-1153 63-17-3850 20-7-1154 63-17-3860 20-7-1155 63-17-3870 20-7-1155.1
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3810. Registration to modify.

A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this State in the same manner provided in subpart 1 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification.
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 "subpart 1" for "Subpart 1".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3820. Prerequisites to modification.

A tribunal of this State may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this State, but the registered support order may be modified only if the requirements of Section 63-17-3830 or 63-17-3850 have been 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, inserted "support" before "order", and substituted "requirements of Section 63-17-3830 or 63-17-3850 have been met" for "requirements of Section 63-17-3830, 63-17-3850, or 63-17-3870 have been met".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3830. Conditions for modification.

(A) If Section 63-17-3850 does not apply, upon petition, a tribunal of this State may modify a child-support order issued in another state which is registered in this State if, after notice and hearing, the tribunal finds that:
(1) the following requirements are met:
(a) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;
(b) a petitioner who is a nonresident of this State seeks modification; and
(c) the respondent is subject to the personal jurisdiction of the tribunal of this State; or
(2) this State is the residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of this State, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction.
(B) Modification of a registered child-support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this State and the order may be enforced and satisfied in the same manner.
(C) A tribunal of this State may not modify any aspect of a child-support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child-support orders for the same obligor and same child, the order that controls and must be so recognized under Section 63-17-3070 establishes the aspects of the support order which are nonmodifiable.
(D) In a proceeding to modify a child-support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this State.
(E) On the issuance of an order by a tribunal of this State modifying a child-support order issued in another state, the tribunal of this State becomes the tribunal having continuing, exclusive jurisdiction.
(F) Notwithstanding subsections (A) through (E) and Section 63-17-3010(B), a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if:
(1) one party resides in another state; and
(2) the other party resides outside the United States.
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), deleted "except as otherwise provided in Section 63-17-3870," before "does not apply,", in (A)(2), inserted "state of" before "residence"; in (C), deleted "Except as otherwise provided in Section 63-17-3870," from the beginning; and added (F).
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3840. Enforcement of modified order.

If a child-support order issued by a tribunal of this State is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this State:
(1) may enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) may provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3) shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
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 63-17-3850. Enforcement of modification with in-state parties.

(A) If all of the parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to enforce and to modify the issuing state's child-support order in a proceeding to register that order.
(B) A tribunal of this State exercising jurisdiction under this section shall apply the provisions of Parts I and II, this part, and the procedural and substantive law of this State to the proceeding for enforcement or modification. Parts III, IV, V, VII, and VIII do not apply.
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 63-17-3860. Filing order.

Within thirty days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
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.
Subpart 4
Registration and Modification of Foreign Child-Support Order
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3870. Modification with no consent filed.

(A) Except as otherwise provided in Section 63-17-3960, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this State may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child-support order otherwise required of the individual pursuant to Section 63-17-3830 has been given or whether the individual seeking modification is a resident of this State or of the foreign country.
(B) An order issued by a tribunal of this State modifying a foreign child-support order pursuant to this section is the controlling order.
HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
Effect of Amendment
2015 Act No. 33, Section 1, in (A), substituted "Except as otherwise provided in Section 63-17-3960, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order" for "If a foreign country or political subdivision that is a state will not or may not modify its order", and deleted "or political subdivision" from the end; and in (B), inserted "by a tribunal of this State modifying a foreign child-support order".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3880. Procedure to register child-support order of foreign country for modification.

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the convention may register that order in this State under Sections 63-17-3610, 63-17-3620, 63-17-3630, 63-17-3640, 63-17-3710, 63-17-3720, 63-17-3730, and 63-17-3740 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
PART VII
SUPPORT PROCEEDING UNDER CONVENTION
DERIVATION TABLE
Showing the section in former Chapter 7, Title 20 from which the section in this part was derived.
New
Section Former
Section 63-17-3910 20-7-1156
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3910. Definitions.

(1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2) "Central authority" means the entity designated by the United States or a foreign country described in Section 63-17-2910(5)(d) to perform the functions specified in the convention.
(3) "Convention support order" means a support order of a tribunal of a foreign country described in Section 63-17-2910(5)(d).
(4) "Direct request" means a petition filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor, or child residing outside the United States.
(5) "Foreign central authority" means the entity designated by a foreign country described in Section 63-17-2910(5)(d) to perform the functions specified in the convention.
(6) "Foreign support agreement":
(a) means an agreement for support in a record that:
(i) is enforceable as a support order in the country of origin;
(ii) has been:
(A) formally drawn up or registered as an authentic instrument by a foreign tribunal; or
(B) authenticated by, or concluded, registered, or filed with a foreign tribunal; and
(iii) may be reviewed and modified by a foreign tribunal; and
(b) includes a maintenance arrangement or authentic instrument under the convention.
(7) "United States central authority" means the Secretary of the United States Department of Health and Human Services.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
Editor's Note
Prior Laws: Former Section 63-17-3910, titled State court as responding tribunal, had the following history: 2008 Act No. 361, Section 2, and was omitted by 2015 Act No. 33, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3915. Applicability of part.

This part applies only to a support proceeding under the convention. In such a proceeding, if a provision of this part is inconsistent with Parts I through VI, this part controls.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3920. Designated agency.

The Department of Social Services of this State is recognized as the agency designated by the United States central authority to perform specific functions under the convention.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3925. Support proceeding.

(A) In a support proceeding under this part, the Department of Social Services of this State shall:
(1) transmit and receive applications; and
(2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.
(B) The following support proceedings are available to an obligee under the convention:
(1) recognition or recognition and enforcement of a foreign support order;
(2) enforcement of a support order issued or recognized in this State;
(3) establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) establishment of a support order if recognition of a foreign support order is refused under Section 63-17-3945(B)(2), (4), or (9);
(5) modification of a support order of a tribunal of this State; and
(6) modification of a support order of a tribunal of another state or a foreign country.
(C) The following support proceedings are available under the convention to an obligor against which there is an existing support order:
(1) recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State;
(2) modification of a support order of a tribunal of this State; and
(3) modification of a support order of a tribunal of another state or a foreign country.
(D) A tribunal of this State may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the convention.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3930. Direct request.

(A) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this State applies.
(B) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, Sections 63-17-3935 through 63-17-3970 apply.
(C) In a direct request for recognition and enforcement of a convention support order or foreign support agreement:
(1) a security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(2) an obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this State under the same circumstances.
(D) A petitioner filing a direct request is not entitled to assistance from the Department of Social Services.
(E) This part does not prevent the application of laws of this State that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3935. Registration of convention support order.

(A) Except as otherwise provided in this article, a party who is an individual or a support enforcement agency seeking recognition of a convention support order shall register the order in this State as provided in Part VI.
(B) Notwithstanding Sections 63-17-3320 and 63-17-3620, a request for registration of a convention support order must be accompanied by:
(1) a complete text of the support order;
(2) a record stating that the support order is enforceable in the issuing country;
(3) if the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) a record showing the amount of arrears, if any, and the date the amount was calculated;
(5) a record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) if necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(C) A request for registration of a convention support order may seek recognition and partial enforcement of the order.
(D) A tribunal of this State may vacate the registration of a convention support order without the filing of a contest under Section 63-17-3940 only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(E) The tribunal promptly shall notify the parties of the registration or the order vacating the registration of a convention support order.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3940. Contest of registered convention support order.

(A) Except as otherwise provided in this part, Sections 63-17-3710 through 63-17-3740 apply to a contest of a registered convention support order.
(B) A party contesting a registered convention support order shall file a contest not later than thirty days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than sixty days after notice of the registration.
(C) If the nonregistering party fails to contest the registered convention support order by the time specified in subsection (B), the order is enforceable.
(D) A contest of a registered convention support order may be based only on grounds set forth in Section 63-17-3945. The contesting party bears the burden of proof.
(E) In a contest of a registered convention support order, a tribunal of this State:
(1) is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) may not review the merits of the order.
(F) A tribunal of this State deciding a contest of a registered convention support order shall promptly notify the parties of its decision.
(G) A challenge or appeal, if any, does not stay the enforcement of a convention support order unless there are exceptional circumstances.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3945. Recognition and enforcement of registered convention support order.

(A) Except as otherwise provided in subsection (B), a tribunal of this State shall recognize and enforce a registered convention support order.
(B) The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered convention support order:
(1) recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2) the issuing tribunal lacked personal jurisdiction consistent with Section 63-17-3010;
(3) the order is not enforceable in the issuing country;
(4) the order was obtained by fraud in connection with a matter of procedure;
(5) a record transmitted in accordance with Section 63-17-3935 lacks authenticity or integrity;
(6) a proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed;
(7) the order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this article in this State;
(8) payment, to the extent alleged arrears have been paid in whole or in part;
(9) in a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country:
(a) if the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
(b) if the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10) the order was made in violation of Section 63-17-3960.
(C) If a tribunal of this State does not recognize a convention support order under subsection (B)(2), (4), or (9):
(1) the tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new convention support order; and
(2) the department shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under Section 63-17-3925.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3950. Partial enforcement.

If a tribunal of this State does not recognize and enforce a convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a convention support order.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3955. Foreign support agreement.

(A) Except as otherwise provided in subsections (C) and (D), a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.
(B) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1) a complete text of the foreign support agreement; and
(2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(C) A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(D) In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:
(1) recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) the agreement was obtained by fraud or falsification;
(3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state, or a foreign country if the support order is entitled to recognition and enforcement under this article in this State; or
(4) the record submitted under subsection (B) lacks authenticity or integrity.
(E) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3960. Modification of convention child-support order.

(A) A tribunal of this State may not modify a convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) the obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(B) If a tribunal of this State does not modify a convention child-support order because the order is not recognized in this State, Section 63-17-3945(C) applies.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3965. Personal information.

Personal information gathered or transmitted under this part may be used only for the purposes for which it was gathered or transmitted.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-3970. Records in original language; English translation.

A record filed with a tribunal of this State under this part must be in the original language and, if not in English, must be accompanied by an English translation.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
PART VIII
INTERSTATE RENDITION
DERIVATION TABLE
Showing the sections in former Chapter 7, Title 20 from which the sections in this part were derived.
New
Section Former
Section 63-17-4010 20-7-1160 63-17-4020 20-7-1162 63-17-4030 20-7-1164 63-17-4040 20-7-1166
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-4010. Extradition.

(A) For purposes of this article, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this article.
(B) The Governor of this State may:
(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee; or
(2) on the demand of the governor of another state, surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.
(C) A provision for extradition of individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
Effect of Amendment
2015 Act No. 33, Section 1, reenacted this section with no change.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-4020. Prerequisites to compliance with extradition.

(A) Before making a demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require a prosecutor of this State to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this article or that the proceeding would be of no avail.
(B) If, under this article or a law substantially similar to this article, the governor of another state makes a demand that the Governor of this State surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(C) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.
HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
Effect of Amendment
2015 Act No. 33, Section 1, reenacted this section with no change.
PART IX
MISCELLANEOUS PROVISIONS
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-4030. Construction of law.

In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
Effect of Amendment
2015 Act No. 33, Section 1, reenacted this section with no change.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-4035. Applicability of article.

This article applies to proceedings begun on or after the effective date of this article to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered.
HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 17 - Paternity And Child Support › Section 63-17-4040. Severability.

If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
Effect of Amendment
2015 Act No. 33, Section 1, rewrote the section.