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(K) Nothing in this section prohibits a licensee from filing a petition for a modification of a support order or for any other applicable relief. However, no such petition stays the license revocation procedure.

(L) If a license is revoked under this section, the licensing entity is not required to refund any fees paid by a licensee in connection with obtaining or renewing a license, and any fee required to be paid to the licensing entity for reinstatement after a license revocation applies.

Section 20-7-946. (A) Information provided to a licensing entity pursuant to this section is subject to disclosure in accordance with the Freedom of Information Act.

(B) A person who releases information received by a licensing entity pursuant to this section, except as authorized by this section or another provision of law, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both.

Section 20-7-947. The State Department of Social Services may enter into interagency agreements with licensing entities necessary to implement this part. These agreements shall provide for the receipt of federal funds by a licensing agency to cover that portion of costs allowable in federal law and regulation and incurred by the licensing agency in implementing this part. Notwithstanding any other provision of law, revenue generated by a licensing agency must be used to fund the nonfederal share of costs incurred pursuant to this part. These agreements shall provide that a licensing agency shall reimburse the State Department of Social Services for the nonfederal share of costs incurred by the State Department of Social Services in implementing this part. An agency shall reimburse the State Department of Social Services for the nonfederal share of costs incurred pursuant to this part from monies collected from licensees.

Section 20-7-948. The State Department of Social Services shall promulgate regulations necessary to carry out this part and shall consult with licensing entities in developing these regulations."

Section 20-7-9510. As used in this article, unless the context otherwise requires:

(1) `Arrears' or `arrearages' means amounts of past-due and unpaid monthly support obligations established by court or administrative order.

(2) `Costs of collections' means costs as provided for in Section 20-7-1440 in addition to the monthly support obligation.

(3) `Court' or `judge' means any court or judge in this State having jurisdiction to determine the liability of persons for the support of another person.

(4) `Custodian' means a parent, relative, legal guardian, or other person or agency having physical custody of a child.

(5) `Dependent child' means a person who is legally entitled to or the subject of a support order for the provision of proper or necessary subsistence, education, medical care, or other care necessary for the person's health, guidance, or well-being who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.

(6) `Director' means the Director of the Child Support Enforcement Division of the State Department of Social Services.

(7) `Division' means the Child Support Enforcement Division of the State Department of Social Services.

(8) `Duty of support' means a duty of support imposed by law, by order, decree, or judgment of any 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.

(9) `Monthly support obligation' means the monthly amount of current child support that an obligor is ordered to pay by the court or by the division pursuant to this article.

(11) `Obligor' means a person owing a duty of support or against whom a proceeding for the establishment or enforcement of a duty to support is commenced.

(12) `Order' means an administrative order that involves the establishment of paternity and/or the establishment and enforcement of an order for child support and/or medical support issued by the Child Support Enforcement Division of the State Department of Social Services or the administrative agency of another state or comparable jurisdiction with similar authority.

(13) `Receipt of notice' means either the date on which service of process of a notice of financial responsibility is actually accomplished or the date on the return receipt if service is by certified mail, both in accordance with one of the methods of service specified in Section 20-7-9520.

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 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; 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

(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 intercept.

(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 which have 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 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.

(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 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 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 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 the county in which the notice of financial responsibility was issued. 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 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

(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 the county in which the notice of financial responsibility was issued, 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 20-7-9530. (A) If an obligor fails to appear for a negotiation conference scheduled in the notice of financial responsibility or fails to reschedule the negotiation conference before the date and time stated in the notice of financial responsibility or if the obligor fails to serve the division with a written request for a court hearing before the time scheduled for the negotiation conference, the division shall issue an order of default in accordance with the notice of financial responsibility. The order of default must be approved by the court and shall include:

(1) the amount of the monthly support obligation and instructions on the manner in which it must be paid;

(2) the amount of arrearages 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 the Administrative Procedures Act.

(B) A copy of an order of default issued pursuant to subsection (A), proof of service, and an affidavit of default must be filed with the Family Court in the same manner and has the same force and effect as provided for in Section 20-7-9525(B).

(C) 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 20-7-9535. (A) A copy of an order of financial responsibility or a consent order issued by the division must be sent by the division by first class mail to the obligor or the obligor's attorney of record and to the custodial parent.

(B) A consent order and an order of default shall continue notwithstanding the fact that the child is no longer receiving benefits for aid to families with dependent children, unless the child is emancipated or is otherwise no longer entitled to support as otherwise determined by law.

(C) Nothing contained in this article deprives a court of competent jurisdiction from determining the duty of support of an obligor against whom an order is issued pursuant to this article. A determination by the court supersedes the administrative order as to support payments due subsequent to the entry of the order by the court but must not modify any arrearage which may have accrued under the administrative order.

Section 20-7-9540. (A) An obligor who objects to a part of the notice of 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 the county in which the notice of financial responsibility was issued 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 20-7-9545. (A) The division may establish paternity of a child in the course of a negotiation conference held pursuant to Section 20-7-9525 based upon an application for services or receipt of services by the custodian pursuant to Title IV-D of the Social Security Act. Service on the alleged father pursuant to this section must be made as provided in Section 20-7-9520. In addition to the notice of financial responsibility as set forth in Section 20-7-9515, the division must serve the alleged father with a notice of paternity determination which shall include:

(1) an allegation that the alleged father is the natural father of the child involved;

(2) the child's name and date of birth;

(3) the name of the child's mother and the name of the person or agency having custody of the child, if other than the mother;

(4) a statement that if the alleged father fails to timely deny the allegation of paternity, the question of paternity may be resolved against the alleged father without further notice;

(5) a statement that if the alleged father timely denies the allegation of paternity:

(b) a genetic test may result in a presumption of paternity; and

(c) upon receipt of the genetic test results, if the alleged father continues to deny paternity, the alleged father may request the division to refer the matter to Family Court for a determination of paternity pursuant to Section 20-7-9540. An order for child support resulting from a subsequent finding of paternity is effective from the date the alleged father was served with the notice of paternity determination.

(B) The alleged father may file a written denial of paternity with the department 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 from serving notice on any other alleged father of the same child.

Section 20-7-9550. (A) If the testimony and other supplementary evidence presented at the negotiation conference demonstrate a reasonable probability that the alleged father had sexual intercourse with the child's mother during the probable time of the child's conception or if the evidence shows a probable existence of a presumption, the division may issue a subpoena ordering the alleged father to submit to paternity genetic testing. A reasonable probability of sexual intercourse during the possible time of conception may be established by affidavit of the child's mother.

(B) If the division does not receive a timely written denial of paternity or if an alleged father fails to appear at the negotiation conference or for a scheduled paternity test, the division may enter an order declaring the alleged father the legal father of the child. The order takes effect fifteen days after entry of default unless the alleged father before the fifteenth day presents good cause for failure to make a timely denial or for failure to appear at the negotiation conference or to undergo genetic testing. The division may not enter an order under this section if there is more than one alleged father unless the default applies to only one alleged father and all other alleged fathers have been excluded by the results of genetic testing. If there is more than one alleged father who has not been excluded by the results of genetic testing, the division may petition the court for a hearing to establish paternity.

(C) If the rights of others and the interests of justice require, the division may apply to any Family Court for an order compelling an

Section 20-7-9555. The division shall appoint an expert who is qualified in examining genetic markers to conduct any genetic test. If the issue of paternity is referred to the Family Court, the expert's completed and certified report of the results and conclusions of a genetic test is admissible as evidence without additional testing or testimony. An order entered pursuant to this article establishes legal paternity for all purposes.

Section 20-7-9560. (A) The division may establish all duties of support including the duty to pay arrearages 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.

(B) If the division proceeds against an obligor under subsection (A), it shall seek establishment and enforcement of the liability imposed by the laws of the state where the obligor was located during the period for which support is sought. The obligor is presumed to have been present in this State during the period until otherwise shown.

(C) If the obligee is absent from this State and the obligor presents evidence which constitutes a defense, the obligor shall request a court hearing.

(D) The remedies provided by this article are additional to those remedies provided by the `Uniform Interstate Family Support Act'.

Section 20-7-9565. (A) At any time after the entry of a consent order or an order for default under this article or an order of the court the division may issue a notice of financial responsibility to an obligor requesting the modification of an existing order issued pursuant to this article or an existing order of the court. The division shall serve the obligor with a notice of financial responsibility as provided in Section 20-7-9515 and shall proceed as set forth in this article. The obligor or obligee may file a written request for modification of an order issued under this article or an existing order of the court with the division by serving the division by certified mail. If the division does not object to the request for modification based upon a showing of changed circumstances as provided by law, the division shall serve the obligor with a notice of financial responsibility as provided in Section 20-7-9515 and shall proceed as set forth in this article. If the division objects to the request for

(B) A request for modification made pursuant to this section does not preclude the division from enforcing and collecting upon the existing order pending the modification proceeding.

(C) Only payments accruing subsequent to the modification may be modified. Modification must be made pursuant to Section 20-3-160."

SECTION 4. Section 43-5-65(a) of the 1976 Code is amended to read:

"(a) As a condition of eligibility, a needy family applying for aid to families with dependent children shall complete a certificate of eligibility containing a written declaration of such information as may be required to establish eligibility and amount of aid. The certificate shall include blanks, wherein shall must be stated the names, birth dates, and Social Security numbers of all children receiving aid, their present place of residence, the names and Social Security number of the adult or emancipated minor applicant, the name and social security number and present whereabouts, last known address and place of employment of a parent who is not living in the home, any income received through employment, from the absent parent, governmental social insurance or aid programs, gifts, sale of real or personal property, interest, dividends, or from any other source, and any interest in property, real or personal. As a condition of eligibility for Aid to Families with Dependent Children, the applicant must provide, at a minimum, the following on an absent parent or putative father, or both:

(1) the first and last name and any known licenses as defined in Section 20-7-941(4) which may be subject to revocation; and

(2) at least two of the following items on each named:

(i) date of birth;

(ii) social security number;

(iii) last known home address;

(iv) last known employer's name and address;

(v) either of the absent parent's parent's name and address.

Failure to provide this information shall result in a finding of ineligibility of benefits for aid to families with dependent children unless the applicant or recipient asserts, and the department verifies, there is good cause for not providing this information. Good cause includes documentation of incest, rape, or the existence or the threat of physical abuse to the child or custodial parent. The department shall provide assistance as needed to complete the certificate and shall insure that all

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This web page was last updated on Monday, June 29, 2009 at 2:11 P.M.