Bill 3699

                    Current Status

Bill Number:               3699
Ratification Number:       296
Act Number                 195
Introducing Body:          House
Subject:                   Child support proceeding - amount of
                           award

(A195, R296, H3699)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-852 SO AS TO PROVIDE THAT IN ANY PROCEEDING IN WHICH CHILD SUPPORT IS IN ISSUE, THE AMOUNT OF THE AWARD WHICH WOULD RESULT FROM THE APPLICATION OF THOSE GUIDELINES REQUIRED UNDER SECTION 43-5-580(b) IS THE AMOUNT OF THE CHILD SUPPORT TO BE AWARDED, TO PROVIDE FOR EXEMPTIONS; TO AMEND SECTION 20-7-954, RELATING TO GENETIC TESTS REQUIRED OF THE PARENTS USED FOR APPROVING OR DISAPPROVING PARENTAGE, SO AS TO REQUIRE THAT IN ALL CHILD SUPPORT CASES BROUGHT BY THE CHILD SUPPORT ENFORCEMENT PROGRAM THE CHILD AND ALL PARTIES IN A CONTESTED PATERNITY CASE MUST BE, UPON THE REQUEST OF ANY PARTY, ORDERED BY THE COURT TO SUBMIT TO GENETIC TESTING, AND TO PROVIDE IN ALL CHILD SUPPORT CASES, THE CHILD AND ALL PARTIES IN A CONTESTED PATERNITY CASE, UPON THE REQUEST OF ANY PARTY, MUST BE ORDERED BY THE COURT TO SUBMIT TO GENETIC TESTING TO DETERMINE PATERNITY, AND PROVIDE AN EXCEPTION, AND PROVIDE THAT AN ORDER ISSUED UNDER THIS SECTION IS ENFORCEABLE BY CONTEMPT; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO DEFINITIONS AND PROCEDURES REGARDING THE WITHHOLDING OF INCOME TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, SO AS TO PROVIDE WHEN INCOME WITHHOLDING BEGINS IN TITLE IV-D CASES AND FOR IMMEDIATE WITHHOLDING WAGES IN CERTAIN CASES; TO AMEND SECTION 43-5-540, RELATING TO THE EXEMPTION OF INDIVIDUALS FROM THE REGISTRATION REQUIREMENT IN THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, SO AS TO REDUCE FROM SIX TO THREE THE AGE OF A CHILD WHOSE MOTHER OR OTHER RELATIVE CARING FOR THE CHILD IS EXEMPT; TO AMEND SECTION 43-5-580, RELATING TO THE ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS UNDER THE EMPLOYABLES PROGRAM ACT, SO AS TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS WHICH ESTABLISH A SCALE OF MINIMUM GUIDELINES WHICH MUST BE APPLIED BY THE COURTS IN DETERMINING THE AMOUNT THAT AN ABSENT PARENT IS EXPECTED TO PAY TOWARD THE SUPPORT OF A DEPENDENT CHILD UNDER THE PROVISIONS OF THE EMPLOYABLES PROGRAM ACT; AND TO AMEND SECTION 43-5-590, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO DELETE THE REQUIREMENT THAT THE FEDERAL GOVERNMENT PROVIDE TITLE IV-D SERVICES FOR A PERIOD OF THREE MONTHS FROM THE MONTH THE FAMILY CEASES TO RECEIVE PUBLIC ASSISTANCE.

Whereas, the General Assembly finds that it is in the public interest to comply with the mandates of the Federal Family Support Act of 1988 relating to state guidelines in determining child support, periodic review of support orders, income withholding, participation in the work support program, and genetic testing to determine paternity; and

Whereas, the General Assembly finds that it is the responsibility of parents first to support their children and that the Federal Family Support Act of 1988 ensures that parents meet their obligations to their children. Now, therefore,

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

Child support proceeding - amount of award

SECTION 1.A. The 1976 Code is amended by adding:

"Section 20-7-852. (A) In any proceeding in which child support is in issue, the amount of the award which would result from the application of those guidelines required under Section 43-5-580(b) is the amount of the child support to be awarded. However, a different amount may be awarded upon a showing that application of the guidelines in a particular case would be unjust or inappropriate. When the court orders a child support award that varies significantly from the amount resulting from the application of the guidelines, the court shall make specific, written findings of those facts upon which it bases its conclusion supporting that award.

(B) Application of these guidelines to an existing child support order, in and of itself, is not considered a change in circumstances for the modification of that existing order.

(C) Pursuant to Section 43-5-580(b), the department shall promulgate regulations which include addressing child support guidelines. The department shall review these regulations at least once every four years to insure that their application results in appropriate child support award amounts."

B. Subsections (A) and (B) of Section 20-7-852 of the 1976 Code, as amended by subsection A of this section, take effect January 31, 1990.

Genetic testing

SECTION 2.A. Section 20-7-954 of the 1976 Code is amended to read:

"Section 20-7-954. (A) As soon as practicable after an action has been commenced, the court, upon its motion or that of an interested party, may order the natural mother, the putative father, and the child to submit to genetic tests such as red blood cell antigen testing, human leukocyte antigen (HLA) testing, electrophoresis, or other tests which have been developed for the purpose of proving or disproving parentage and which are reasonably accessible. If the court orders any of these tests, and if the action is commenced prior to the birth of the child, the court shall also order that the tests be made as soon as medically feasible after the birth of the child. The tests must be performed under the supervision of a qualified expert. In all cases the court shall determine the number and the qualifications of experts, except that the parties may submit for the court's approval a written stipulation regarding experts and facilities to be used for testing. The costs of any tests not disposed of by written stipulation must be paid by the parties as ordered by the court. However, in any action initiated pursuant to Section 43-5-220 where the court determines that the respondent is indigent, the court may order that these costs be borne by the petitioner. When the State of South Carolina is the petitioner and the respondent is indigent and the court orders the petitioner to pay these costs, they must be paid from amounts collected under the Child Support Enforcement Program (Title IV-D).

(B) For all child support cases, the child and all other parties in a contested paternity case, upon the request of any party, must be ordered by the court to submit to genetic testing to determine paternity. This testing is not required where the individual involved has good cause for failing to cooperate including, but not limited to, Sections 402(a) (26) (B) of the Social Security Act.

(C) Any order issued under this section is enforceable by contempt."

B. This section takes effect November 1, 1989.

Income Withholding

SECTION 3.A. Section 20-7-1315 of the 1976 Code, as last amended by Act 152 of 1987, is further amended by adding:

"(K) Income withholding begins in all Title IV-D cases the earliest of:

(1) the date on which the payments which the absent parent has failed to make under a support order constitutes a delinquency under subsection (A)(2); or

(2) the date the absent parent requests withholding to begin; or

(3) the date the custodial parent requests withholding to begin, if the State determines, in accordance with the procedures and standards as it may establish, that the request be approved. In the event income withholding begins pursuant to the accumulation of a delinquency under subsection (A)(2), the provisions of this section giving notice and hearing for the obligor apply. Where the custodial parent requests income withholding pursuant to this subsection, notice of the request must be provided to the absent parent by the clerk of court, and if the absent parent objects to the income withholding within ten days after the postmarked date of the notice, a hearing must be held, and the family court shall subject the absent parent's wages to withholding unless the court finds that there is good cause not to require immediate income withholding. Where there is no objection by the absent parent after proper notice, the clerk of court shall implement immediate income withholding.

(L) For all Title IV-D cases issued or modified on or after November 1, 1990, the wages of an absent parent are subject to immediate withholding as of the effective date of the order, without the requirement that an arrearage accumulate. These wages are not subject to withholding in any case where:

(1) one of the parties demonstrates and the court finds, that there is good cause not to require immediate income withholding; or

(2) a written agreement is reached between both parties which provides for an alternative arrangement."

B. This section takes effect October 1, 1989.

Exemption from work registration requirement

SECTION 4. A. Section 43-5-540(a)(4) of the 1976 Code is amended to read:

"(4) The mother or other relative of a child under the age of three who is caring for the child;".

B. This section takes effect October 1, 1989.

Promulgation of regulations

SECTION 5. Section 43-5-580(b) of the 1976 Code is amended to read:

"(b) The department shall promulgate regulations which establish guidelines for minimum contributions which must be applied by the courts in determining the amount that an absent parent is expected to pay toward the support of a dependent child. Copies of the guidelines must be made available to courts, district attorneys, and to the public. The guidelines formulated pursuant to this section must be applied pursuant to the provisions of Section 20-7-852."

Assignment - child support payments

SECTION 6. Section 43-5-590(c) of the 1976 Code is amended to read:

"(c) Provide that in any case in which the child support payments are collected for a child with respect to whom an assignment has been made pursuant to subitem (ii) of item (a) of this section the payment is made to the department for distribution pursuant to item (g) of this section except for those payments made for any month in which the amount collected is sufficient to make the family ineligible for assistance. The department shall pay the amounts to the recipient consistent with federal laws and regulations. Whenever a family ceases receiving public assistance the assignment pursuant to subitem (ii) of item (a) of this section terminates except with respect to the amount of any unpaid support obligation that has accrued under the assignment. From this amount the department shall attempt to collect the unpaid obligation and distribute the amounts consistent with federal laws and regulations. The department may not charge fees or recover costs from support collections and shall pay all amounts collected which represent monthly support payments and arrearage owed to the family. The department shall continue to provide all appropriate IV-D services and distribute any amounts collected consistent with federal laws and regulations except that the department may not require any formal application or impose an application fee but may recover costs consistent with federal laws and regulations pursuant to item (f) of this section."

Time effective

SECTION 7. Except as specifically provided otherwise, this act takes effect upon approval by the Governor.