H 4728 Session 111 (1995-1996)
H 4728 General Bill, By Harrison
A Bill to amend Section 12-6-3470, Code of Laws of South Carolina, 1976,
relating to employer tax credits for employing Aid to Families with Dependent
Children recipients, so as to revise the criteria for obtaining this credit
and to provide that unused credit may be carrier forward; to amend Title 20,
Chapter 7, Article 9, Subarticle 5, as amended, relating to the Uniform
Interstate Family Support Act, so as to define "tribunal" as not only the
family courts of this State but also the support enforcement agency and to
change references from "family court" to "tribunal".-short title
03/12/96 House Introduced and read first time HJ-4
03/12/96 House Referred to Committee on Judiciary HJ-5
A BILL
TO AMEND SECTION 12-6-3470, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO EMPLOYER TAX CREDITS
FOR EMPLOYING AID TO FAMILIES WITH DEPENDENT
CHILDREN RECIPIENTS, SO AS TO REVISE THE CRITERIA
FOR OBTAINING THIS CREDIT AND TO PROVIDE THAT
UNUSED CREDIT MAY BE CARRIED FORWARD; TO
AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5,
AS AMENDED, RELATING TO THE UNIFORM INTERSTATE
FAMILY SUPPORT ACT, SO AS TO DEFINE
"TRIBUNAL" AS NOT ONLY THE FAMILY
COURTS OF THIS STATE BUT ALSO THE SUPPORT
ENFORCEMENT AGENCY AND TO CHANGE REFERENCES
FROM "FAMILY COURT" TO
"TRIBUNAL"; TO AMEND SECTIONS 20-7-9505,
20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530,
20-7-9540, 20-7-9545, AND 20-7-9560, ALL RELATING TO THE
ADMINISTRATIVE PROCESS FOR ESTABLISHING AND
ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO
CLARIFY THAT THE "DIRECTOR" OF THE CHILD
SUPPORT ENFORCEMENT DIVISION INCLUDES THE
DIRECTOR'S DESIGNEES, TO CLARIFY THE NAME OF THE
ADMINISTERING AGENCY, TO REVISE AND DELETE
OBSOLETE TERMS, TO CLARIFY IN WHICH COUNTY
VARIOUS DOCUMENTS MUST BE FILED, AND TO REVISE
PROCEDURAL TIME FRAMES; TO AMEND SECTION
43-5-1125, RELATING TO SANCTIONS FOR FAILING TO
COMPLY WITH WELFARE AGREEMENTS, SO AS TO
CLARIFY THAT AN AFDC RECIPIENT WHO MEETS
CERTAIN CRITERIA IS NOT REQUIRED TO COMPLY WITH
EMPLOYMENT AND TRAINING PROVISIONS IN THE
AGREEMENT; TO AMEND SECTION 43-5-1155, RELATING
TO ENTREPRENEURIAL DEVELOPMENT, SO AS TO
EXPAND THE DEPARTMENT'S AUTHORITY AND A
CLIENT'S OPPORTUNITIES UNDER THIS PROGRAM; TO
AMEND SECTION 43-5-1170, RELATING TO TIME
LIMITATIONS PLACED ON RECEIVING WELFARE, SO AS
TO PROVIDE THAT AN EXEMPTION APPLIES TO A PERSON
WHO IS PERMANENTLY AND TOTALLY DISABLED
RATHER THAN TO ONE WHO IS TOTALLY OR
PERMANENTLY DISABLED; AND TO AMEND SECTION
43-5-1240, RELATING TO TRANSITIONAL MEDICAID AND
CHILD CARE, SO AS TO PROVIDE TWO YEARS RATHER
THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND
MEDICAID TO A PERSON WHO BECAME EMPLOYED
AFTER LOSING ELIGIBILITY DUE TO EXCEEDING THE
TWENTY-FOUR MONTH TIME LIMIT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 12-6-3470 of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"Section 12-6-3470. (A) A taxpayer, who employs
a person who within twelve months of becoming employed
received Aid to Families with Dependent Children and who
continuously has remained employed for twelve months is allowed a
credit against taxes due under this chapter for wages paid to the
employee in an amount equal to payments within this State
for three months before becoming employed is eligible for an
income tax credit of:
(1) twenty percent of the wages up to five
thousand dollars paid for the first year to the
employee for each full month of employment for the first twelve
months of employment;
(2) fifteen percent of the wages up to five
thousand dollars paid for the second year to the
employee for each full month of employment during the second
twelve months of employment;
(3) ten percent of the wages up to five thousand
dollars paid for the third year to the employee for
each full month during the third twelve months of employment.
The maximum aggregate credit that may be claimed in a tax
year for a single employee under this subsection and Section
12-6-3360 is five thousand dollars.
(B) In addition to the credits provided for in subsection (A)
and Section 12-6-3360, a taxpayer who employs a person who
received AFDC payments within this State for three months before
becoming employed and employs that person to work fulltime in a
least developed county, as defined in Section 12-6-3360, is allowed
a credit in an amount equal to one hundred seventy-five dollars for
each full month during the first thirty-six months of employment.
(C) The income tax credit provided by subsection
(A) shall is not be allowed unless the
taxpayer also makes available full individual or participating
family health care coverage for the benefit of each
qualified employee for which the credit is claimed
earned.
(C) (D) The Department of Social Services
and the South Carolina Employment Security Commission must
make information available to employers interested in hiring AFDC
recipients and must provide documentation to employers verifying a
person's status as an AFDC recipient.
(D) This section applies to tax years beginning after
1994.
(E) No income tax credit provided for in subsection
(A) may be taken under this section if the position filled by the
former AFDC recipient was made available due to the termination
or forced resignation of an employee for the purpose of obtaining
the tax credit. Nothing in this section creates a private cause of
action which does not otherwise exist at law.
(F) A credit claimed under this section but not used in a
taxable year may be carried forward fifteen years from the taxable
year in which the credit is earned."
SECTION 2. Subarticle 5, Article 9, Chapter 7, Title 20 of the
1976 Code, as last amended by Act 494 of 1994, is further
amended to read:
"Subarticle 5
Uniform Interstate Family Support Act
Part I
General Provisions
Section 20-7-960. This subarticle may be cited as the `Uniform
Interstate Family Support Act'.
Section 20-7-965. As used in this subarticle:
(1) `Child' means an individual, whether over or under the
age of majority, who is or may be owed a duty of support by the
child's parent or who is or may be the beneficiary of a support
order directed to that parent.
(2) `Child support order' means a support order for a child
which may include support for a child over the age of majority
under the law of the issuing state.
(3) `Duty of support' means an obligation imposable by law
to provide support for a child, spouse, or former spouse including
an unsatisfied obligation to provide support.
(4) `Home state' means the state in which a child lived with a
parent or a person acting as parent for at least six consecutive
months immediately preceding the time of filing of a proceeding for
support, and if a child is less than six months old, the state in which
the child lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the six-month or other
period.
(5) `Income' includes earnings or other periodic entitlements
to money from any source and any other funds or assets subject to
withholding for support under the law of this State.
(6) `Income withholding order' means an order or other legal
process directed to withhold support from the obligor's income.
(7) `Initiating state' means a state in which a proceeding
under this subarticle or a substantially similar law is filed for
forwarding to a responding state.
(8) `Initiating tribunal' means the appropriate tribunal in an
initiating state.
(9) `Issuing state' means the state in which a tribunal issues a
support order or renders a judgment determining parentage.
(10) `Issuing tribunal' means the tribunal that issues a support
order or renders a judgment determining parentage.
(11) `Law' includes decisional and statutory law and rules and
regulations having the force of law.
(12) `Obligee' means:
(a) an individual to whom a duty of support is or may be
owed or in whose favor a support order has been issued or
judgment determining parentage has been rendered;
(b) a state or political subdivision to which the rights under
a duty of support or support order have been assigned or which has
independent claims based on financial assistance provided to an
individual obligee; or
(c) an individual seeking a judgment determining parentage
of that individual's child.
(13) `Obligor' means an individual or the estate of a decedent:
(a) who owes or may owe a duty of support including an
individual who is alleged but has not been adjudicated to be a
parent of a child; or
(b) who is liable under a support order.
(14) `Register' means to record a support order or judgment
determining parentage in the Registry of Foreign Support.
(15) `Registering tribunal' means a tribunal in which a support
order is registered.
(16) `Responding state' means a state to which a proceeding is
forwarded under this subarticle or a substantially similar law.
(17) `Responding tribunal' means the appropriate tribunal in a
responding state.
(18) `Spousal support order' means a support order for a
spouse or former spouse of the obligor.
(19) `State' means a State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, or any territory or
insular possession subject to the jurisdiction of the United States.
The term `state' includes an Indian tribe and includes a foreign
jurisdiction that has established procedures for issuance and
enforcement of support orders which are substantially similar to the
procedures under this subarticle.
(20) `Substantially similar law' means a law similar to the
Uniform Interstate Family Support Act, the Uniform Reciprocal
Enforcement of Support Act, or the Revised Uniform Reciprocal
Enforcement of Support Act.
(21) `Support enforcement agency' means a public official
or the public official's designees or the agency or
the agency agency's designees authorized to
enforce laws relating to the duty of support or an existing support
order, to determine parentage, to establish, modify, and enforce
child support, or to locate obligors and their assets.
(22) `Support order' means a judgment, decree, or order for
the benefit of a child, a spouse, or a former spouse, whether
temporary, final, or subject to modification, for monetary support,
health care, arrearages any arrearage,
reimbursement, and may include related costs and fees, interest,
income withholding, attorney's fees, or other appropriate relief.
(23) `Tribunal' means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, and modify
support orders or to determine parentage.
Section 20-7-970. The tribunal tribunals of this
State is are the family court and the support
enforcement agency. For purposes of continuing exclusive
jurisdiction under this subarticle, the tribunals of this State have
concurrent jurisdiction to establish, modify, and enforce child
support in cases being administered pursuant to Title IV-D of the
Social Security Act.
Section 20-7-975. Remedies provided by this subarticle are
cumulative and do not affect the availability of any remedies under
any other law.
Section 20-7-980. In a proceeding to establish, enforce, or
modify a support order or to determine parentage, the family
court tribunals may exercise personal jurisdiction over
a nonresident individual or that individual's guardian or conservator
if:
(1) the individual is personally served with a summons and
complaint within this State;
(2) the individual submits to the jurisdiction of this State by
consent, by entering a general appearance, or by filing a responsive
document having the effect of waiving any contest to personal
jurisdiction;
(3) the individual resided with the child in this State;
(4) the individual resided in this State and provided prenatal
expenses or support for the child;
(5) the child resides in this State as a result of the acts or
directives of the individual;
(6) the individual engaged in sexual intercourse in this State
and the child may have been conceived by that act of intercourse;
or
(7) there is any other basis consistent with the constitutions of
this State and the United States for the exercise of personal
jurisdiction.
Part II
Choice of Laws
Section 20-7-985. The family court tribunal
exercising personal jurisdiction over a nonresident under Section
20-7-980 may apply Section 20-7-1100 to receive evidence from
another state and Section 20-7-1110 to obtain discovery through a
tribunal of another state. In all other respects, Sections 20-7-1025
through 20-7-1158 do not apply, and the family court
tribunal shall apply the procedural and substantive law of
this State, including the rules on choice of law other than those
established by this subarticle.
Section 20-7-990. Under this subarticle the family court
a tribunal of this State may serve as an initiating tribunal
to forward proceedings to another state and as a responding tribunal
for proceedings initiated in another state.
Part III
Civil Enforcement
Section 20-7-995. (A) The family court A tribunal
of this State may exercise jurisdiction in a proceeding to
establish a support order filed after a similar proceeding is filed in
another state only if:
(1) the proceeding in this State is filed before the expiration of
the time allowed in the other state for filing a responsive pleading
challenging the exercise of jurisdiction by the other state;
(2) the contesting party timely challenges the exercise of
jurisdiction in the other state; and,
(3) if applicable, this State is the home state of the child.
(B) The family court A tribunal of this State may
not exercise jurisdiction in a proceeding to establish a support order
filed before a similar proceeding is filed in another state if:
(1) the proceeding in the other state is filed before the
expiration of the time allowed in this State for filing a responsive
pleading challenging the exercise of jurisdiction by this State;
(2) the contesting party timely challenges the exercise of
jurisdiction in this State; and,
(3) if applicable, the other state is the home state of the child.
Section 20-7-1000. (A) The family court A tribunal
of this State issuing a support order consistent with the law of
this State has continuing, exclusive jurisdiction as long as this State
remains the residence of the obligor, the individual obligee, or the
child for whose benefit the support order is issued.
(B) The family court A tribunal of this State
issuing a child support order consistent with the law of this State
may not exercise its continuing jurisdiction to modify the order if:
(1) the order has been modified by a tribunal of another state
pursuant to a law substantially similar to this subarticle; or
(2) each individual party has filed written consent with the
family court for a tribunal of another state to modify the order and
assume continuing, exclusive jurisdiction.
(C) If a child support order of this State is modified by a tribunal
of another state pursuant to a law substantially similar to this
subarticle, the family court a tribunal of this State
loses its continuing, exclusive jurisdiction, and the order
issued in this State may be enforced only as to amounts accruing
before the modification and nonmodifiable aspects of the original
order and appropriate relief may be granted only for violations of
the order occurring before the effective date of modification.
(D) The family court A tribunal of this State
shall recognize the continuing, exclusive jurisdiction of a tribunal of
another state which has issued a child support order pursuant to a
law substantially similar to this subarticle.
(E) A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create continuing,
exclusive jurisdiction in the issuing tribunal.
Section 20-7-1005. (A) The family court A tribunal
of this State may serve as an initiating tribunal under this
subarticle to request a tribunal of another state to enforce or modify
a support order of that state.
(B) The family court A tribunal of this State
having continuing, exclusive jurisdiction over a support order may
act as a responding tribunal under this subarticle to enforce or
modify that order. In exercising its continuing, exclusive
jurisdiction over its support order, the family court the
tribunal may apply Section 20-7-1100 to receive evidence from
another state and Section 20-7-1110 to obtain discovery through a
tribunal of another state.
(C) If the family court a tribunal of this State
lacks continuing, exclusive jurisdiction over a spousal support order,
it may not serve as a responding tribunal to modify a spousal
support order of another state.
Section 20-7-1010. (A) If a proceeding is brought under this
subarticle, and one or more child support orders have been issued in
any state with regard to an obligor and a child before the effective
date of this subarticle, the family court a tribunal of this
State shall apply the following priorities in determining which
order to recognize for purposes of continuing, exclusive jurisdiction
if:
(1) only one tribunal has issued a child support order, the
order of that tribunal must be recognized;
(2) two or more tribunals have issued child support orders for
the same obligor and child, and only one tribunal would have
continuing, exclusive jurisdiction under the provisions of this
subarticle, the order of that tribunal must be recognized;
(3) two or more tribunals have issued child support orders for
the same obligor and child and more than one would have
continuing, exclusive jurisdiction under the provisions of this
subarticle, an order issued by a tribunal in the current home state of
the child must be recognized, but if an order has not been issued in
the current home state of the child, the order most recently issued
must be recognized;
(4) two or more tribunals have issued child support orders for
the same obligor and child and none of the tribunals would have
continuing, exclusive jurisdiction under the provisions of this
subarticle, the family court a tribunal of this State
may issue a child support order.
(B) The tribunal that issued an order recognized under subsection
(A) is the tribunal having continuing, exclusive jurisdiction.
Section 20-7-1015. In responding to multiple registrations or
complaints for enforcement of two or more child support orders in
effect at the same time with regard to the same obligor and
different obligees who are natural persons, at least one of which
was issued by a tribunal of another state, the family court
a tribunal of this State shall enforce those orders in the
same manner as if the multiple orders had been issued by the
family court a tribunal of this State.
Section 20-7-1020. Amounts collected and credited for a
particular period pursuant to a support order issued by a tribunal of
another state must be credited against the amounts accruing or
accrued for the same period under a support order issued by the
family court a tribunal of this State.
Section 20-7-1025. (A) Except as otherwise expressly stated,
Sections 20-7-1025 through 20-7-1115 apply to all proceedings
under this subarticle.
(B) The family court A tribunal of this State has
jurisdiction, to the extent otherwise authorized by law,
to do one or more of the following:
(1) modify an order of child support or spousal support issued
by the family court a tribunal of this State;
(2) establish an original order for spousal or child support;
(3) enforce a support order and income withholding order of
another state without registration;
(4) register a spousal support order or child support order of
another state for enforcement;
(5) register a child support order of another state for
modification; and
(6) determine parentage.
(C) An individual plaintiff or a support enforcement agency may
bring a proceeding authorized under this subarticle by filing a
complaint in an initiating tribunal for forwarding to a responding
tribunal or by filing a complaint directly in an appropriate tribunal
of another state which has or can obtain jurisdiction.
Section 20-7-1030. A minor or a guardian ad litem or other legal
representative appointed for the minor may maintain a proceeding
on behalf of the minor's child.
Section 20-7-1035. Unless otherwise provided by this subarticle,
a responding tribunal shall:
(1) apply the procedural and substantive law, including the
rules on choice of law, generally applicable to similar proceedings
originating in this State and may exercise all powers and provide all
remedies available in those proceedings; and
(2) determine the duty of support and the amount payable in
accordance with the law and support guidelines of this State.
Section 20-7-1040. Upon the filing of a proceeding authorized by
this subarticle, the family court a tribunal of this
State as an initiating tribunal shall forward three copies of the
complaint and its accompanying documents:
(1) to the responding tribunal or appropriate support
enforcement agency in the responding state; or
(2) if the identity of the responding tribunal is unknown, to the
state information agency of the responding state with a request that
they be forwarded to the appropriate tribunal and that receipt be
acknowledged.
Section 20-7-1045. (A) If a responding tribunal receives a
complaint, it shall cause the complaint to be filed and notify the
plaintiff by first-class mail where and when it was filed.
(B) The family court A tribunal of this State as a
responding tribunal, to the extent otherwise authorized by law, may
do one or more of the following:
(1) issue or enforce a support order, modify a child support
order, or render a judgment to determine parentage;
(2) order an obligor to comply with a support order, specifying
the amount and the manner of compliance;
(3) order income withholding;
(4) determine the amount of any arrearages
arrearage, and specify a method of payment;
(5) enforce orders by civil or criminal contempt, or both;
(6) set aside property for satisfaction of the support order;
(7) place liens and order execution on the obligor's property;
(8) order an obligor to keep the family court or issuing
tribunal informed of the obligor's current residential address,
telephone number, employer, address of employment, and telephone
number at the place of employment;
(9) issue a bench warrant for an obligor who has failed after
proper notice to appear at a hearing ordered by the family court and
enter the bench warrant in any local and state computer systems for
criminal warrants;
(10) order the obligor to seek appropriate employment by
specified methods;
(11) award reasonable attorney's fees and other fees and costs;
and
(12) grant any other available remedy.
(C) A responding tribunal shall state in a support order, or in the
documents accompanying the order, the calculations on which the
support order issued under this subarticle is based.
(D) A responding tribunal may not condition the payment of a
support order issued under this subarticle upon compliance by a
party with provisions for visitation.
(E) If a responding tribunal issues a support order under this
subarticle, the tribunal shall send by first-class mail a copy of the
order to the plaintiff and the defendant and to the initiating tribunal,
if any.
Section 20-7-1050. If a proceeding is brought in an inappropriate
family court tribunal of this State, the family
court tribunal shall forward the complaint and
accompanying documents to the appropriate family court or to
the appropriate tribunal in this State or in another state
and notify the plaintiff by first-class mail where and when the
complaint was sent.
Section 20-7-1055. (A) A support enforcement agency of this
State shall provide services upon request to a plaintiff in a
proceeding under this subarticle.
(B) A support enforcement agency that is providing services to
the plaintiff shall as appropriate:
(1) take all steps necessary to enable the appropriate
tribunal to obtain jurisdiction over the defendant;
(2) request the appropriate tribunal to set a time and
place for a hearing;
(3) make a reasonable effort to obtain all relevant information,
including the assets and income of the parties;
(4) within two business days after receipt of a written notice
from an initiating, responding, or registering tribunal send a copy of
the notice by first-class mail to the plaintiff;
(5) within two business days after receipt of a written
communication from the defendant or the defendant's attorney send
a copy of the communication by first-class mail to the plaintiff; and
(6) notify the plaintiff if jurisdiction over the defendant cannot
be obtained.
(C) This subarticle does not create or negate a relationship of
attorney and client or other fiduciary relationship between a support
enforcement agency or the attorney for the agency and the
individual being assisted by the agency.
Section 20-7-1060. If the Attorney General determines that the
support enforcement agency is neglecting or refusing to provide
services to an individual, the Attorney General may order the
agency to perform its duties under this subarticle or may provide
those services directly to the individual.
Section 20-7-1065. An individual may employ private counsel to
represent the individual in proceedings authorized by this subarticle.
Section 20-7-1070. (A) The Department of Social Services is the
state information agency under this subarticle.
(B) The state information agency shall:
(1) compile and maintain a current list, including addresses, of
the family courts tribunals in this State which have
jurisdiction under this subarticle and any support enforcement
agencies in this State and transmit a copy to the state information
agency of every other state;
(2) maintain a register of lists of tribunals and support
enforcement agencies received from other states;
(3) forward to the appropriate family court
tribunal for the county in which the obligee or obligor
resides, or in which the obligor's property is believed to be located,
all documents concerning a proceeding under this subarticle
received from the initiating tribunal or the state information agency
of the initiating state; and
(4) obtain information concerning the location of the obligor
and the obligor's property not exempt from execution, including use
of postal verification and federal or state locator services,
examination of telephone directories, requests for the obligor's
address from employers, and examination of governmental records
including, if not prohibited by other law, those relating to real
property, vital statistics, law enforcement, taxation, motor vehicles,
driver's licenses, and social security.
Section 20-7-1075. (A) A plaintiff seeking to establish or
modify a support order or to determine parentage in proceeding
under this subarticle must verify the complaint. Unless otherwise
ordered under Section 20-7-1080, the complaint or accompanying
documents must provide, so far as known, the name, residential
address, and social security number of the obligor and the obligee
and the name, sex, residential address, social security number, and
date of birth of each child for whom support is sought. The
complaint must be accompanied by a certified copy of any support
order in effect and may include any other information that may
assist in locating or identifying the defendant.
(B) The complaint and accompanying documents must specify
the relief sought and conform substantially with the requirements
imposed by the forms mandated by federal law for use in cases
filed by a support enforcement agency.
Section 20-7-1080. Upon a finding that the health, safety, or
liberty of a party or child would be unreasonably put at risk by the
disclosure of identifying information or if an existing order so
provides, a tribunal shall order that the address of a child or party
or other identifying information not be disclosed in a pleading or
other document filed in a proceeding under this subarticle.
Section 20-7-1085. (A) A tribunal may not require the plaintiff
to pay a filing fee or other costs.
(B) A responding tribunal may assess against an obligor
reasonable attorney's fees, filing fees, other costs, and necessary
travel and other reasonable expenses incurred by the obligee and the
obligee's witnesses. The tribunal may not assess fees, costs, or
expenses against the obligee or the support enforcement agency of
either the initiating or the responding state, except as provided by
other law. Attorney's fees may be taxed as costs, and may be
ordered paid directly to the attorney who may enforce the order in
the attorney's own name. Payment of those costs and fees does not
have priority over amounts of support owed to the obligee.
(C) The A tribunal of this State shall
order, to the extent otherwise authorized by law, the
payment of costs and reasonable attorney's fees if it determines that
a hearing was requested primarily for delay. In a proceeding under
Section 20-7-1132 through 20-7-1154, the tribunal shall presume
that a hearing was requested primarily for delay if a registered
support order is confirmed or enforced without change.
Section 20-7-1090. (A) Participation by a plaintiff in a
responding tribunal in a proceeding under this subarticle, whether in
person, by private attorney, or through services provided by the
support enforcement agency, does not permit the exercise of
personal jurisdiction over the plaintiff in another proceeding.
(B) A plaintiff is not amenable to service of civil process while
physically present in this State to participate in proceedings under
this subarticle.
(C) The immunity granted by this section does not extend to civil
litigation based on acts unrelated to the proceedings under this
subarticle committed by a party while present in this State.
Section 20-7-1095. A party whose parentage of a child has
previously been determined by law may not plead nonparentage as a
defense to a proceeding under this subarticle.
Section 20-7-1100. (A) The physical presence of the plaintiff in
family court, when the court is a responding tribunal of
this State, is not required for the establishment,
enforcement, or modification of a support order or the rendition of
a judgment determining parentage.
(B) A verified complaint, affidavit, document substantially
complying with federally mandated forms, and any document
incorporated by reference in any of them, not excluded under the
hearsay rule if given in person, is admissible if given in writing and
under oath by a party or witness residing in another state.
(C) A copy of the record of child support payments certified as a
true copy of the original by the custodian of the record may be
forwarded to a responding tribunal. The copy is prima facie
evidence of facts asserted in it and is admissible to show whether
payments were made.
(D) If copies of bills are furnished to the adverse party at least
ten days before trial, the bills for testing for parentage and for
prenatal and postnatal health care of the mother and child are prima
facie evidence that the charges billed were reasonable, necessary,
and customary and are admissible to prove the amount of those
charges.
(E) Documentary evidence transmitted from another state to
the family court a tribunal of this State by
telephone, telecopier, or other means that do not provide an original
writing may not be excluded from evidence on an objection based
on the means of transmission.
(F) The family court In a proceeding under this
subarticle, a tribunal of this State may permit a party or
witness residing in another state to testify by telephone conference
at a designated tribunal or other location in that state. The
family court A tribunal of this State shall cooperate
with tribunals of other states in designating an appropriate location
for a telephone conference.
(G) If a party called to testify at a civil hearing declines to
answer on the ground that the testimony may tend to be
incriminating, the trier of fact may draw an adverse inference from
the refusal to testify.
(H) A privilege against disclosure of spousal communications
between the parties does not apply in a proceeding under this
subarticle.
(I) A defense of immunity because of the relationship of
husband and wife or parent and child does not apply in a
proceeding under this subarticle.
Section 20-7-1105. The Family court A tribunal of
this State may communicate with a tribunal of another state in
writing or by telephone or other means to obtain information
concerning the laws of that state, the legal effect of any judgment,
decree, or order of that tribunal, and the status of any proceeding in
the other state.
Section 20-7-1110. The family court A tribunal of
this State, to the extent otherwise authorized by law, may:
(1) request a tribunal of another state to assist in obtaining
discovery; and
(2) upon request compel a person over whom it has
jurisdiction to respond to discovery orders issued by a tribunal of
another state.
Section 20-7-1115. A support enforcement agency or the
family court a tribunal of this State shall disburse
promptly any amounts received pursuant to a support order as
directed by the order. The agency or family court
tribunal shall furnish a requesting party or tribunal of
another state with a certified statement by the custodian of the
record of the amounts and dates of all payments received.
Section 20-7-1120. (A) If a support order entitled to recognition
under this subarticle has not been issued, the family court,
as a responding tribunal, or the family court in which a
complaint has been filed pursuant to Section 20-7-1010(B)
of this State may issue a support order if:
(1) the individual seeking the order resides in another state; or
(2) the support enforcement agency seeking the order is
located in another state.
(B) The family court A tribunal of this State, to the
extent otherwise authorized by law, may issue a temporary
order if:
(1) the defendant has signed a verified statement
acknowledging paternity;
(2) the defendant has been determined pursuant to law to be
the parent; or
(3) there is other clear and convincing evidence that the
defendant is the child's parent.
(C) After notice and hearing, upon finding that an obligor owes a
duty of support, the family court a tribunal of this
State shall issue a support order directed to the obligor and
may issue other orders pursuant to Section 20-7-1045.
Section 20-7-1125. (A) As a condition of doing business in this
State an employer shall comply with an income withholding order
issued in another state as if the order had been issued by the
family court a tribunal of this State.
(B) Two copies of an income withholding order issued in another
state may be sent by first-class mail to the obligor's employer in
this State without first filing a proceeding or registering the order
with the family court.
(C) If an income withholding order appears regular on its face,
the employer shall:
(1) immediately provide a copy of the order to the obligor;
(2) follow the procedure for withholding income as if the order
had been issued by the family court a tribunal of this
State; and
(3) distribute the funds as directed in the withholding order.
(D) An obligor may contest the validity or enforcement of an
income withholding order by requesting a hearing in family court
not later than twenty days after the first payment is withheld. If the
obligor requests a hearing to contest the order, the family court
shall schedule the matter for hearing and provide notice of the date,
time, and place of hearing by first-class mail to the obligor and the
obligee or other designated person. The procedure and grounds for
contesting the validity and enforcement of an income withholding
order issued in another state served directly on the employer are the
same as those available for contesting an income withholding order
that has been issued in this State. If enforcement of an income
withholding order issued in another state served directly on an
employer is contested, the rules provided by Section 20-7-1138
apply.
(E) The obligor shall give notice of the complaint to contest to
the support enforcement agency providing services to the obligee, if
any, and to:
(1) the person or agency designated to receive payments in the
income withholding order; or
(2) if no person or agency is designated, the obligee.
Part IV
Registration of Foreign Support Orders
Section 20-7-1130. (A) A party seeking to enforce a support
order, an income withholding order, or both, issued by a tribunal of
another state may send the documents required for registering the
order to a support enforcement agency of this State.
(B) On receipt of the documents the support enforcement agency,
without initially seeking to register the order, shall use any
administrative procedure available to enforce a support order, an
income withholding order, or both. If the obligor does not contest
administrative enforcement, the support order need not be
registered. If the obligor contests the validity or administrative
enforcement of the order by asserting a ground for contesting the
order recognized by the law of this State, the support enforcement
agency shall register the order pursuant to this subarticle.
Section 20-7-1132. A support order or an income withholding
order issued by a tribunal of another state may be registered in this
State for purposes of enforcement.
Section 20-7-1134. (A) A support order or income withholding
order of another state may be registered in this State by sending the
following documents and information to the Department of Social
Services:
(1) a letter of transmittal to the department requesting
registration and enforcement;
(2) two copies, including one certified copy, of all orders to
be registered, including any modification of an order;
(3) a sworn statement by the party seeking 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 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) the name and address of the obligee and, if applicable, the
agency or person to whom support payments are to be remitted.
(B) On receipt of a request for registration the department shall
cause the order to be filed as a foreign judgment together with one
copy of the documents and information regardless of their form.
(C) A complaint seeking an enforcement remedy that must be
specifically pled under the law of this State may be filed at the
same time as the request for registration or at a later date. The
complaint shall set forth the express grounds that provide the basis
for the remedy sought.
Section 20-7-1136. (A) A support order or income
withholding order issued in another state is registered as of the
filing of the order in the Registry of Foreign Support.
(B) A registered order of another state has the same effect and is
subject to the same procedures and defenses as an order of this
State and may be enforced and satisfied in the same manner.
(C) Except as provided in Sections 20-7-1132 through 20-7-1154,
the family court a tribunal of this State shall
recognize and enforce and may not modify a registered order if the
issuing tribunal had jurisdiction.
Section 20-7-1138. (A) The law of the issuing state governs the
nature, extent, amount, and duration of current payments and other
obligations of support and the payment of arrearages any
arrearage of a registered support order.
(B) In a proceeding for arrearages any arrearage
the statute of limitations under the laws of this State or of the
issuing state, whichever is longer, applies.
Section 20-7-1140. (A) The registering tribunal shall notify the
nonregistering party of the registration of a support order or income
withholding order issued in another state. 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) The notice must inform the nonregistering party:
(1) that a motion to contest the validity or enforcement of the
registered order must be filed within twenty days after the date of
mailing or personal service of the notice;
(2) of the amount of alleged arrearages
arrearage, if any;
(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 any
alleged arrearages arrearage and precludes further
contest of that order with respect to any matter that could have been
asserted; and
(4) that a registered order is enforceable as of the date of
registration in the same manner as a support order issued by the
family court a tribunal of this State.
(C) Upon registration of an income withholding order for
purposes of enforcement, the registering tribunal shall notify the
obligor's employer pursuant to the income withholding law of this
State.
Section 20-7-1142. (A) A nonregistering party seeking to contest
the validity or enforcement of a registered order must request a
hearing within twenty days after the date of mailing or personal
service of notice of the registration. The nonregistering party may
seek to vacate the registration or to contest any aspect of the
registered order, the remedies being sought, or the amount of any
alleged arrearages arrearage pursuant to Section
20-7-1144.
(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 by first-class mail of the date, time, and place of the
hearing.
Section 20-7-1144. (A) A party contesting the validity or
enforcement of a registered order bears 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
enforcement remedy sought;
(6) full or partial payment has been made; or
(7) the statute of limitations under Section 20-7-1138 precludes
enforcement of any arrearages arrearage.
(B) If an obligor presents evidence establishing a full or partial
defense under subsection (A), a tribunal may stay enforcement of
the registered order, continue the proceeding to permit production
of additional relevant evidence, or issue other appropriate orders.
Any uncontested portion of the registered 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 registration of the order, the registering
tribunal shall issue an order confirming the order.
Section 20-7-1146. Confirmation of a registered 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.
Section 20-7-1148. 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 as provided in Sections 20-7-1132 through 20-7-1138.
A complaint setting forth the grounds for modification with
specificity may be filed at the same time as a request for
registration and enforcement or at a later time.
Section 20-7-1150. After a child support order of another state is
registered for purposes of modification, it may be enforced by
the family court a tribunal of this State in the same
manner as a support order issued by the family court
tribunal, but the registered order may be modified only if
the requirements of Section 20-7-1152 are met.
Section 20-7-1152. (A) After a child support order of another
state has been registered in this State, the family court a
tribunal of this State may modify that order only if, after notice
and hearing, it finds that:
(1) neither the child, the individual obligee, nor the obligor
reside in the issuing state, the nonresident plaintiff seeks
modification, and the defendant is subject to the jurisdiction of
the family court a tribunal of this State; or
(2) a party who is a natural person or the child is subject to
the personal jurisdiction of the family court a tribunal of
this State and all the parties who are natural persons have filed
an agreement in the issuing tribunal providing that the family
court tribunal may modify the support order and
assume continuing, exclusive jurisdiction over the order.
(B) A child support order registered for modification is subject to
the same requirements, procedures, and defenses applicable to the
modification of an order issued by the family court a
tribunal of this State and may be enforced and satisfied in the
same manner.
(C) The family court 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.
(D) On issuance of an order modifying a child support order
issued in another state, the family court a tribunal of this
State becomes the tribunal of continuing, exclusive jurisdiction.
(E) 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 which had continuing,
exclusive jurisdiction over the earlier order and in those tribunals in
which that party knows the earlier order has been registered.
Section 20-7-1154. The family court A tribunal of
this State shall recognize a modification of its earlier child
support order by a tribunal of another state which assumed
jurisdiction pursuant to a law substantially similar to this subarticle
and upon request, except as otherwise provided in this subarticle,
shall:
(1) enforce arrearages any arrearage and
provide other appropriate relief for violations of the modified order
which occurred before the effective date of the modification;
(2) enforce the modified order to the extent it was not
superseded by the modification; and
(3) recognize the modifying order of the other state, upon
registration, for the purpose of enforcement.
Section 20-7-1156. (A) The family court A tribunal
of this State may serve as an initiating or responding tribunal
in a proceeding brought under this subarticle or substantially similar
law to determine that the plaintiff is a parent of a particular child or
to determine that a defendant is a parent of that child. The
proceeding may be brought without joining the child as a party.
(B) Except as otherwise provided in Section 20-7-1158, the
family court a responding tribunal of this State shall
apply the procedural and substantive law of this State, including the
rules on choice of law, generally applicable in a proceeding to
determine parentage.
Section 20-7-1158. (A) A proceeding to determine parentage
under this subarticle is a civil matter to be decided by a
preponderance of the evidence.
(B) The family court may, and to the extent otherwise required
by law upon request of a party shall, order the child and the alleged
mother or alleged father to submit to scientifically accepted testing
for parentage.
(C) If a defendant refuses to comply with an order for testing for
parentage, the family court a tribunal of this State
may resolve the question of parentage against the defendant. If a
plaintiff refuses to comply with an order for testing for parentage,
the court tribunal shall dismiss the proceeding
without prejudice.
(D) A verified written report by an expert on parentage testing is
prima facie evidence of the truth of the facts asserted in it. If the
verified report shows the chain of custody of samples tested, it is
competent evidence to establish the chain.
(E) If the results of testing for parentage create a presumption of
parentage under the law of this State, upon motion the family
court a tribunal of this State, to the extent otherwise
authorized by law, shall order the presumed parent to pay
temporary child support. The family court A tribunal of
this State, to the extent otherwise authorized by law, also may
order temporary support if the defendant has signed a verified
statement acknowledging parentage or there is other clear and
convincing evidence that the defendant is the particular child's
parent.
Section 20-7-1160. (A) For purposes of this section and Section
20-7-1162, `governor' includes an individual performing the
functions of governor or the executive authority of a state covered
by this subarticle.
(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 by 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 criminals not inconsistent with
this subarticle applies to the demand even if the individual whose
surrender is demanded was not in the demanding state when the
crime was committed and has not fled from there.
Section 20-7-1162. (A) Before making 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 under this subarticle or that the
proceeding would be of no avail.
(B) If, under this subarticle or a substantially similar law, 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 an individual or child 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 demanded prevails, the Governor may decline to honor
the demand. If the plaintiff prevails and the individual whose
extradition is demanded is subject to a support order, the Governor
may decline to honor the demand if the individual demanded is
complying with the support order.
Section 20-7-1164. This subarticle must be applied and construed
to effectuate its general purpose to make uniform the law with
respect to the subject of this subarticle among states enacting it.
Section 20-7-1166. If a provision of this subarticle or its
application to an individual or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this
subarticle which can be given effect without the invalid provision or
application, and to this end the provisions of this subarticle are
severable."
SECTION 3. Section 20-7-9505 of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"Section 20-7-9505. Notwithstanding Section 20-7-420 and
any other provision of law, the Division of Child Support
Enforcement Division of the Department of Social Services
also has jurisdiction to establish paternity and to establish and
enforce child support in cases brought pursuant to Title IV-D of the
Social Security Act in accordance with this article ."
SECTION 4. Section 20-7-9510(1), (6), and (8) of the 1976
Code, as added by Act 102 of 1995, is amended to read:
"(1) `Arrears' or `arrearages' `Arrearage'
means amounts of past-due and unpaid monthly support obligations
established by court or administrative order."
"(6) `Director' means the Director of the Child Support
Enforcement Division of the State Department of Social Services
or the director's designees."
"(8) `Duty of support' means a duty of support imposed
by law, by order, decree, or judgment of any a
court or by administrative order, whether interlocutory or final, or
whether incidental to an action for divorce, separation, separate
maintenance, or otherwise. `Duty of support' includes the duty to
pay a monthly support obligation, a child support debt, and
any arrearages arrearage."
SECTION 5. Section 20-7-9515 of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"Section 20-7-9515. The director shall issue a notice of
financial responsibility to an obligor who owes a child support
debt or who is responsible for the support of a child on whose
behalf the custodian of that child is receiving support enforcement
services from the division pursuant to Title IV-D of the Social
Security Act. The notice shall include the following statements and
information:
(1) That the obligor is required to appear at the time and
location indicated in the notice for a negotiation conference to
determine the obligor's duty of support.
(2) That the division may issue an order of default setting
forth the amount of the obligor's duty of support, if the obligor:
(a) fails to appear for the negotiation conference as
scheduled in the notice; or
(b) fails to reschedule a negotiation conference before the
date and time stated in the notice; or
(c) fails to send the division a written request for a court
hearing before the time scheduled for the negotiation conference.
(3) That the obligor may request a court hearing within
twenty thirty days after the receipt of the notice of
financial responsibility pursuant to Section 20-7-9540.
(4) That the order of default must be filed with the clerk of
court of the county in which the notice of financial
responsibility was issued obligor resides or, if the obligor
does not reside in the State, with the clerk of court of the county in
which the obligee resides; that as soon as the order of default is
filed, it shall have all the force, effect, and remedies of an order of
the court, including, but not limited to, wage
assignment income withholding or contempt of court;
and that execution may be issued on the order in the same manner
and with the same effect as if it were an order of the court.
(5) No court order for judgment nor verified entry of
judgment may be required in order for the clerk of court and
division to certify past due amounts of child support to the Internal
Revenue Service or State Department of Revenue and Taxation for
purposes of intercepting a federal or state tax refund.
(6) The name of the custodian of the child on whose behalf
support is being sought and the name and birth date of the child;
(7) That the amount of the monthly support obligation must
be based upon the child support guidelines as set forth in Sections
20-7-852 and 43-5-580.
(8) That the division may issue an administrative subpoena to
obtain income information from the obligor.
(9) The amount of arrears or arrearages any
arrearage which have has accrued under an
administrative or court order for support.
(10) That the costs of collections may be assessed against and
collected from the obligor.
(11) That the obligor may assert the following objections in
the negotiation conference and that, if the objections are not
resolved, the division shall schedule a court hearing pursuant to
Section 20-7-9525(C):
(a) that the dependent child has been adopted by a person
other than the obligor;
(b) that the dependent child is emancipated; or
(c) that there is an existing court or administrative order
for support as to the monthly support obligation.
(12) That the duty to provide medical support must be
established under this article in accordance with the state child
support guidelines.
(13) That an order issued pursuant to this article or an existing
order of the a court also may be modified under
this article in accordance with the Uniform Interstate Family
Support Act.
(14) That the obligor is responsible for notifying the division
of any change of address or employment within ten days of the
change.
(15) That, if the obligor has any questions, the obligor should
telephone or visit the division.
(16) That the obligor has the right to consult an attorney and
the right to be represented by an attorney at the negotiation
conference.
(17) Other information as set forth in regulations promulgated
pursuant to the Administrative Procedures Act."
SECTION 6. Section 20-7-9520 of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"Section 20-7-9520. The division shall serve a notice of
financial responsibility on the obligor not less than twenty
thirty days before the date stated in the notice for the
negotiation conference:
(1) in the manner prescribed for service of process in a civil
action; or
(2) by an employee appointed by the division to serve process;
or
(3) by certified mail, return receipt requested, signed by the
obligor only. The receipt is prima facie evidence of service."
SECTION 7. Section 20-7-9525 of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"Section 20-7-9525. (A) An obligor who has been served
with a notice of financial responsibility pursuant to Section
20-7-9520 and who does not request a hearing pursuant to Section
20-7-9540 shall appear at the time and location stated in the notice
for a negotiation conference or shall reschedule a negotiation
conference before the date and time stated in the notice. The
negotiation conference must be scheduled not more than
sixty ninety days after the date of the issuance of
the notice of financial responsibility. A negotiation conference may
not be rescheduled more than once without cause and may not
be rescheduled for a date more than fifteen days after the date and
time stated in the notice without good cause as defined in
regulations promulgated pursuant to the Administrative Procedures
Act. If a stipulation is agreed upon at the negotiation conference as
to the obligor's duty of support, the division shall issue a consent
order setting forth:
(1) the amount of the monthly support obligation and
instructions on the manner in which it must be paid;
(2) the amount of arrearages arrearage due and
owing and instructions on the manner in which it must be paid;
(3) the name of the custodian of the child and the name and
birth date of the child for whom support is being sought;
(4) other information as set forth in regulations promulgated
pursuant to Section 20-7-9515(17).
(B) A copy of the consent order issued pursuant to subsection
(A) and proof of service must be filed with the Family Court
in clerk of court of the county in which the notice
of financial responsibility was issued obligor resides or, if
the obligor does not reside in the State, with the clerk of court of
the county in which the obligee resides. The clerk shall stamp
the date of receipt of the copy of the order and shall assign the
order a case number. The consent order shall have all the force,
effect, and remedies of an order of the court including, but not
limited to, wage assignment income withholding
and contempt of court. Execution may be issued on the order in the
same manner and with the same effect as if it were an order of the
court. No court order for judgment nor verified entry of judgment
is required in order for the clerk of court and division to certify
past-due amounts of child support to the Internal Revenue Service
or State Department of Revenue and Taxation for purposes of
intercepting a federal or state tax refund, or credit bureau reporting.
(C) If no stipulation is agreed upon at the negotiation conference,
the division shall file the notice of financial responsibility and proof
of service with the clerk of the Family Court in court
of the county in which the notice of financial responsibility
was issued obligor resides or, if the obligor does not reside
in the State, with the clerk of court of the county in which the
obligee resides, and the matter must be set for a hearing in
accordance with Section 20-7-9540.
(D) The determination of the monthly support obligation must be
based on the child support guidelines as set forth in Sections
20-7-852 and 43-5-580."
SECTION 8. Section 20-7-9530(A)(2) of the 1976 Code, as
added by Act 102 of 1995, is amended to read:
"(2) the amount of arrearages the
arrearage due and owing and instructions on the manner in
which it must be paid;"
SECTION 9. Section 20-7-9540 of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"Section 20-7-9540. (A) An obligor who objects to a part
of the notice of financial responsibility, within thirty days
of receipt of the notice, shall make a written request for a court
hearing to the division. The request must be served upon the
division by certified mail or in the same manner as a summons in a
civil action.
(B) Upon receipt of a written request for a hearing, the division
shall file the written request for a hearing, the notice of financial
responsibility, and proof of service with the clerk of court in
of the county in which the notice of financial
responsibility was issued obligor resides or, if the obligor
does not reside in the State, with the clerk of court of the county in
which the obligee resides and shall request the court to set a
hearing for the matter. The clerk of court shall send a notice to the
obligor and the division informing them of the date and location of
the hearing. If the obligor raises issues relating to custody or
visitation and the court has jurisdiction to hear these matters, the
court shall set a separate hearing for those issues after entry of the
order."
SECTION 10. Section 20-7-9545(B) and (C) of the 1976 Code,
as added by Act 102 of 1995, are amended to read:
"(B) The alleged father may file a written denial of
paternity with the department division within thirty
days after service of the notice of paternity determination.
(C) When there is more than one alleged father of a child, the
division may serve a notice of paternity determination on each
alleged father in the same consolidated proceeding or in separate
proceedings. Failure to serve notice on an alleged father does not
prevent the department division from serving notice
on any other alleged father of the same child."
SECTION 11. Section 20-7-9560(A) of the 1976 Code, as added
by Act 102 of 1995, is amended to read:
"(A) The division may establish all duties of support
including the duty to pay arrearages any arrearage
and to pay child support debt and may enforce duties of
support from an obligor pursuant to this article if that action is
requested by an agency of another state which is operating under
Title IV-D of the federal Social Security Act, as amended."
SECTION 12. Section 43-5-1125(B) of the 1976 Code, as added
by Act 102 of 1995, is amended to read:
"(B) A recipient has good cause for failing is
not required to comply with the employment and training
provisions of the agreement if the recipient is:
(1) a parent or caretaker relative with a child under one year
of age; however, custodial parents under age twenty-five who have
not completed their high school education are required to comply
with these provisions regardless of the age of the child;
(2) at least six months pregnant and the pregnancy is
verified by a qualified licensed health care provider;
(3) incapacitated and the incapacity is verified by a
physician, and if the department considers it necessary, confirmed
by an assessment performed by the Department of Vocational
Rehabilitation, as a physical or mental impairment that prevents the
recipient from engaging in gainful employment or participating in
education or training;
(4) caring for an incapacitated person whose incapacity has
been verified by a physician and, if the department considers it
necessary, confirmed by an assessment performed by the
Department of Vocational Rehabilitation;
(5) unable to participate because child care and reasonable
transportation were not provided when needed for participation in
employment and training programs."
SECTION 13. Section 43-5-1155 of the 1976 Code, as added by
Act 102 of 1995, is amended to read:
"Section 43-5-1155. The Department of Social Services
shall seek federal funds for entrepreneurial development so
that AFDC clients can create jobs and provide incentives for AFDC
clients in their efforts to attain self-sufficiency and independence.
The department shall identify markets for entrepreneurial
development for AFDC clients, provide clients with job skills and
opportunities to develop expertise in operating businesses, and allow
clients to accrue savings, buy or earn stock in a business,
or, over a period of time, purchase a business. In carrying out this
program the department shall work in conjunction with public,
community, and private sector entities including businesses, banks,
and other institutions to develop strategies that provide
financing, facilities, training, technical assistance, planning,
and research to AFDC clients in their efforts to own their own
businesses."
SECTION 14. Section 43-5-1170(1) of the 1976 Code, as added
by Act 102 of 1995, is amended to read:
"(1) the head of household is permanently or
and totally disabled, whether physical or mental;"
SECTION 15. Section 43-5-1240(A) of the 1976 Code, as added
by Act 102 of 1995, is amended to read:
"(A) To promote stability and longevity in employment,
the department shall apply to the federal government for a waiver
authorizing transitional Medicaid and child care for one additional
year for AFDC clients who lose eligibility because of employment
or and authorizing transitional Medicaid and child care
for two additional years for AFDC clients who become
employed after losing eligibility as a result of exceeding the
twenty-four month time limit set out in Part IV, Section 1, for
two years pursuant to Section 43-5-1170 and whose
earnings are less than poverty and whose continued employment
would be jeopardized by medical expenditures. If this waiver is
denied, the department shall apply to the federal government for a
waiver authorizing a grant of three percent of the maximum family
grant and supportive services of Medicaid and child care for one
year from the date that the benefits would otherwise end for an
employed AFDC recipient who would otherwise be ineligible
because of income or from the date that a former recipient who had
been found ineligible for exceeding the twenty-four month time
limit set out in Part IV, Section 1, begins employment. Benefits
provided under this section do not count against the twenty-four
month time limit set out in Part IV, Section 1."
SECTION 16. This act takes effect July 1, 1996, except that the
amendments to Section 12-6-3470 of the 1976 Code, as contained
in Section 1 of this act, take effect August 1, 1996.
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