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A121, R147, H3614

STATUS INFORMATION

General Bill
Sponsors: Reps. Wilkins and Harrison
Document Path: l:\council\bills\nbd\11502ac05.doc

Introduced in the House on February 23, 2005
Introduced in the Senate on April 12, 2005
Last Amended on April 7, 2005
Passed by the General Assembly on May 31, 2005
Governor's Action: June 3, 2005, Signed

Summary: Procedures for withholding wages in child support cases

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/23/2005  House   Introduced and read first time HJ-9
   2/23/2005  House   Referred to Committee on Judiciary HJ-9
    4/6/2005  House   Committee report: Favorable with amendment Judiciary 
                        HJ-38
    4/7/2005  House   Amended HJ-18
    4/7/2005  House   Read second time HJ-19
    4/7/2005  House   Unanimous consent for third reading on next legislative 
                        day HJ-20
    4/8/2005  House   Read third time and sent to Senate HJ-3
   4/12/2005  Senate  Introduced and read first time SJ-9
   4/12/2005  Senate  Referred to Committee on Judiciary SJ-9
   5/25/2005  Senate  Committee report: Favorable Judiciary SJ-29
   5/26/2005  Senate  Read second time SJ-317
   5/31/2005  Senate  Read third time and enrolled SJ-24
    6/1/2005          Ratified R 147
    6/3/2005          Signed By Governor
    6/9/2005          Copies available
    6/9/2005          Effective date See Act for Effective Date
   6/16/2005          Act No. 121

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/23/2005
4/6/2005
4/7/2005
5/25/2005

(A121, R147, H3614)

AN ACT TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES FOR WITHHOLDING WAGES TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, INCLUDING COLLECTION AND DISBURSEMENT OF THE WITHHELD WAGES, SO AS TO MAKE TECHNICAL CORRECTIONS; AND TO AMEND SECTION 20-7-1440, AS AMENDED, RELATING TO FAMILY COURT FEES, COSTS, AND ALLOWANCES, INCLUDING THE FIVE PERCENT ADDITIONAL FEE ADDED TO CHILD SUPPORT PAYMENTS FOR COURT COSTS, SO AS TO PROVIDE THAT THE PAYOR OF THIS ADDITIONAL FIVE PERCENT AGREES, BY PAYING THROUGH THE COURT OR A CENTRALIZED SYSTEM, THAT THIS PAYMENT IS FOR SATISFACTION OF COURT COSTS, AGREES THAT IT IS NOT CHILD SUPPORT, AS DEFINED IN FEDERAL LAW, AND AGREES TO THE DISTRIBUTION OF THIS PAYMENT TO THE STATE FOR COURT COSTS.

Be it enacted by the General Assembly of the State of South Carolina:

Centralized system for collecting and disbursing wage withholding paid for child support

SECTION    1.    Section 20-7-1315(M) of the 1976 Code, as last amended by Act 100 of 1999, is further amended to read:

"(M)    The department shall establish and operate a centralized system for the collection and disbursement of funds received from wage withholding under the Child Support Enforcement program. Wage withholding subject to this provision shall include:

(1)    all wage withholding cases being enforced by the Child Support Enforcement Division;

(2)    all cases not being enforced by the Child Support Enforcement Division in which the support order was initially issued in the State on or after January 1, 1994, and in which the income of the noncustodial parent is subject to withholding.

Amounts collected through the centralized wage withholding system are subject to the five percent court cost pursuant to Section 20-7-1440(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 centralized system 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 appropriate county clerk of court for disbursement to the custodial parent."

Clarification of court costs assessed and paid

SECTION    2.    Section 20-7-1440(C) of the 1976 Code, as last amended by Act 329 of 2002, is further amended to read:

"(C)    In actions for support for the spouse or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly, the court shall assess costs against the party required to pay the support in the amount of five percent of the support paid, which costs must be in addition to the support money paid. The revenue from the costs must be remitted as provided in Section 14-1-203.

By making the additional five percent payment on child support required by this subsection to the court or through the centralized wage withholding system operated by the Department of Social Services, the payor agrees:

(1)    that this payment is in satisfaction of court costs assessed;

(2)    that this payment is not child support under 45 CFR 302.51 but is in addition to all child support paid;

(3)    to the distribution of this payment to the State for court costs."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor and applies to child support payments made through the court or a centralized wage withholding system pursuant to orders existing on this act's effective date and orders issued thereafter.

Ratified the 1st day of June, 2005.

Approved the 3rd day of June, 2005.

This web page was last updated on Friday, December 4, 2009 at 3:42 P.M.