H 4031 General Bill, By Altman
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 20-7-87 SO AS TO PROVIDE THAT IF AN INDIVIDUAL SERVING IN THE MILITARY IS
 CALLED TO ACTIVE DUTY IN A TIME OF WAR AND IS UNDER A COURT-ORDERED OBLIGATION
 TO PAY CHILD SUPPORT, A REDUCTION IN THAT INDIVIDUAL'S PAY, DUE TO BEING
 CALLED INTO ACTIVE DUTY, CONSTITUTES A MATERIAL CHANGE IN CIRCUMSTANCES AND
 THE INDIVIDUAL'S CHILD SUPPORT OBLIGATIONS AND SPOUSAL SUPPORT OBLIGATIONS
 MUST BE REDUCED BY A PERCENTAGE COMMENSURATE WITH THE PERCENTAGE REDUCTION IN
 THE INDIVIDUAL'S PAY; TO PROVIDE THAT NEITHER A CHILD SUPPORT NOR SPOUSAL
 SUPPORT ARREARAGE MAY ACCRUE AGAINST SUCH AN INDIVIDUAL DURING ACTIVE DUTY
 SERVICE; AND TO REQUIRE THE INDIVIDUAL TO NOTIFY THE FAMILY COURT WHEN THE
 INDIVIDUAL IS DISCHARGED FROM ACTIVE DUTY.

   04/23/03  House  Introduced and read first time HJ-8
   04/23/03  House  Referred to Committee on Judiciary HJ-9
   05/07/03  House  Committee report: Favorable Judiciary HJ-6
   05/13/03  House  Requests for debate-Rep(s). JE Smith, Howard,
                     Cobb-Hunter, JH Neal, Sheheen, Breeland and
                     Coleman HJ-13
   05/14/03  House  Debate adjourned until Thursday, May 15, 2003 HJ-30
   05/14/03  House  Reconsidered HJ-33
   05/14/03  House  Amended HJ-33
   05/14/03  House  Debate adjourned until Thursday, May 15, 2003 HJ-34
   05/15/03  House  Read second time HJ-47
   05/15/03  House  Roll call Yeas-103  Nays-0 HJ-48
   05/15/03  House  Unanimous consent for third reading on next
                     legislative day HJ-48
   05/16/03  House  Read third time and sent to Senate HJ-2
   05/19/03         Scrivener's error corrected
   05/19/03  Senate Introduced and read first time SJ-6
   05/19/03  Senate Referred to Committee on Judiciary SJ-6

AMENDED

May 15, 2003

H. 4031

S. Printed 5/15/03--H.    [SEC 5/19/03 10:03 AM]

Read the first time April 23, 2003.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-87 SO AS TO PROVIDE THAT IF AN INDIVIDUAL SERVING IN THE MILITARY IS CALLED TO ACTIVE DUTY IN A TIME OF WAR AND IS UNDER A COURT-ORDERED OBLIGATION TO PAY CHILD SUPPORT, A REDUCTION IN THAT INDIVIDUAL'S PAY, DUE TO BEING CALLED INTO ACTIVE DUTY, CONSTITUTES A MATERIAL CHANGE IN CIRCUMSTANCES AND THE INDIVIDUAL'S CHILD SUPPORT OBLIGATIONS AND SPOUSAL SUPPORT OBLIGATIONS MUST BE REDUCED BY A PERCENTAGE COMMENSURATE WITH THE PERCENTAGE REDUCTION IN THE INDIVIDUAL'S PAY; TO PROVIDE THAT NEITHER A CHILD SUPPORT NOR SPOUSAL SUPPORT ARREARAGE MAY ACCRUE AGAINST SUCH AN INDIVIDUAL DURING ACTIVE DUTY SERVICE; AND TO REQUIRE THE INDIVIDUAL TO NOTIFY THE FAMILY COURT WHEN THE INDIVIDUAL IS DISCHARGED FROM ACTIVE DUTY.

Amend Title To Conform

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

SECTION    1.    Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-87.    (A)    If a person serving in the Armed Forces of the United States, or the National Guard or any other federal or state military organization, is called to active duty and that individual is under a duty to pay child support or spousal support pursuant to a court order, any reduction in the amount of pay the individual receives due to being called into active duty constitutes a de facto material change of circumstances for the purpose of reducing the individual's child support obligation proportionally. Upon the individual submitting an affidavit to the clerk of family court, and supporting documentation demonstrating the reduction in pay, the clerk, in cases in which the individual pays the support through the family court, or the family court judge, ex parte, in all other cases, shall reduce the individual's child support and spousal support obligation by the amount the same percentage that the individual's pay was reduced.

(B)    An individual whose child support obligation is affected by subsection (A) shall notify the family court within thirty days of being discharged from active duty, and the support payments shall then be restored to the previous level, subject to further consideration by the court."

SECTION    2.    This act takes effect upon approval by the Governor.