South Carolina General Assembly
107th Session, 1987-1988

Bill 2463

                    Current Status

Bill Number:               2463
Ratification Number:       285
Act Number                 198
Introducing Body:          House
Subject:                   Authority of Family Court to enforce and
                           modify provisions
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A198, R285, H2463)

AN ACT TO AMEND ARTICLE 9, SUBARTICLE 3, CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-933, SO AS TO PROVIDE THAT THE FAMILY COURT HAS AUTHORITY TO ENFORCE AND MODIFY THE PROVISIONS OF ANY DECREE, JUDGMENT, OR ORDER OF CHILD SUPPORT OF A COURT OF THIS STATE UNDER CERTAIN CONDITIONS AND TO HOLD ANY ARREARAGE IN CHILD SUPPORT IN ABEYANCE: AND TO AMEND SECTION 20-7-934, RELATING TO THE ENFORCEMENT OR MODIFICATION OF ORDERS OF OTHER COURTS BY THE FAMILY COURT, SO AS TO PROVIDE THAT THE AUTHORITY OF THE FAMILY COURT TO ENFORCE OR MODIFY THESE ORDERS IS SUBJECT TO THE LIMITATIONS CONTAINED IN SECTION 20-7-933.

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

Enforcement and modification of child support orders

SECTION 1. Article 9, Subarticle 3, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-933. The family court has the authority to enforce the provisions of any decree, judgment, or order regarding child support of a court of this State, including cases with jurisdiction based on the revised Uniform Reciprocal Enforcement of Support Act, provided that personal jurisdiction has been properly established. This authority includes the right to modify any such decree, judgment, or order for child support as the court considers necessary upon a showing of changed circumstances. No such modification is effective as to any installment accruing prior to filing and service of the action for modification. Additionally, the family court has the right to hold any arrearage in child support in abeyance."

Compliance with Section 20-7-933 required

SECTION 2. Section 20-7-934 of the 1976 Code is amended to read:

"Section 20-7-934. Any family court has jurisdiction and authority to enforce or modify an order or decree of any other court respecting support of wife or children subject to the limitations contained in Section 20-7-933, custody of children and visitation upon an order from the court of original jurisdiction, transferring jurisdiction to the family court. Petition may be made by either party to the original action to transfer the cause to the family court of the county where the other party resides, or petition may be made by the family court of the county to which transfer is sought, if it appears that the transfer will serve the ends of justice. The court of original jurisdiction may transfer the cause in its discretion."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.