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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-865 SO AS TO AUTHORIZE THE FAMILY COURT TO ISSUE A RULE TO SHOW CAUSE UPON THE FILING OF AN AFFIDAVIT THAT A PARENT HAS FAILED TO PAY COURT-ORDERED SUPPORT, OTHER THAN PERIODIC PAYMENT OF FUNDS FOR THE SUPPORT OF THE CHILD, TO PROVIDE FOR SERVICE BY REGULAR MAIL, TO PROVIDE THAT THE AFFIDAVIT AND CERTAIN OTHER DOCUMENTATION IS PRIMA FACIE EVIDENCE OF NONPAYMENT, SHIFTING THE BURDEN OF PROOF, AND TO PROVIDE A DEFENSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Subarticle 3, Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-865. (A)(1) Notwithstanding any other provision of law, if a court order requires a parent to provide monetary support for a child, including, but not limited to payment of health, medical, or educational expenses, but excluding periodic payment of funds for the support of the child, and the parent fails to do so, the other parent may file with the court an affidavit attesting to the failure of the parent to pay the required support. The affiant must attach to the affidavit a certified copy of the outstanding bill, which must be dated within ten days of filing the affidavit, setting forth the failure of the parent to pay the required support.
(2) Upon receipt of the affidavit the court shall issue a rule to show cause to the parent for nonpayment of the required support. The parent must be served by regular mail addressed to the parent's last known address. Upon mailing the notice, the clerk of court shall file a certificate of mailing stating the name and address to which the notice was mailed and the date on which it was mailed. If service cannot be effected as set forth in this subsection, the parent may be served as prescribed for service in civil actions. The court also shall provide notice of the hearing to the affiant in the same manner as provided for in this subsection.
(B)(1) At the hearing on the rule to show cause, the order requiring the monetary support, the affidavit, and the verified copy of the outstanding bill, which must be dated within ten days of the hearing, constitute prima facie evidence, without further proof or foundation, that the parent is in violation of the court order requiring the support.
(2) Once a prima facie case is established, the only ground that may be raised to contest nonpayment of the required support is the existence or amount of the nonpayment. The burden is on the parent asserting this defense to establish the defense."
SECTION 2. This act takes effect upon approval by the Governor.
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