Title 63, South Carolina Children's Code

The division shall obtain information on licensees pursuant to Section 63-17-1050 for the purposes of establishing, enforcing, and collecting support obligations.

In the manner and form prescribed by the division, all licensing entities monthly shall provide the division information on licensees for use in the establishment, enforcement, and collection of child support obligations including, but not limited to: (1) name; (2) address of rec…

(A) The division shall review the information received pursuant to Section 63-17-1050 and determine if a licensee is out of compliance with an order for support. If a licensee is out of compliance with the order for support, the division shall notify the licensee that forty-five …

(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 …

An applicant for a license or for renewal of a license shall submit the applicant's social security number, or the alien identification number assigned to a resident alien who does not have a social security number, to the licensing entity which must be recorded on the applicatio…

The State Department of Social Services shall promulgate regulations necessary to carry out this article and shall consult with licensing entities in developing these regulations.

(A) By January 1, 1996, the Child Support Enforcement Division of the Department of Social Services shall create and develop an Employer New Hire Reporting program. The Employer New Hire Reporting program shall provide a means for employers to voluntarily assist in the state's ef…

As used in this section: (1) "Arrearage" means the total amount of unpaid support obligations. (2) "Court" as used in this section means Family Court. (3) "Delinquency" means when a support payment owed by an obligor pursuant to an order of support is overdue in an amount equal t…

(A) For all Title IV-D cases in which support orders are issued or modified after October 31, 1990, and for all nontitle IV-D cases in which support orders are issued or modified after January 3, 1994, the income of an obligor is subject to immediate withholding as of the effecti…

(A) An obligor may petition the court at any time prior to the occurrence of a delinquency seeking an order for income withholding procedures to begin immediately. (B) Where the obligor makes payments directly to the obligee pursuant to an order for support and where income withh…

(A) If a delinquency occurs, the clerk of court shall prepare, file, and serve on the obligor a verified notice of delinquency within fifteen calendar days of the delinquency if the obligor's address is known or if the address is not known, within fifteen calendar days of locatin…

(A) The obligor may prevent a notice to withhold from being served on the obligor's payor and prevent the recording of the arrearage pursuant to Section 63-17-1600 by filing a petition to stay service with the clerk of court with jurisdiction of the matter within ten days of the …

(A) Fifteen days following the mailing of the notice of the delinquency to the obligor and if no petition to stay service has been filed, the clerk of court shall serve a notice to withhold on the payor or its agent by regular mail and may record the arrearage pursuant to Section…

(A) The clerk of court may suspend income withholding because of inability to deliver the income withheld to the obligee due to the obligee's failure to provide a mailing address or other means of delivery. Upon relocating the obligee and upon meeting the requirements of notice a…

An obligee who is receiving income withholding payments under this article shall notify the clerk of court of any change of address within seven days of the change.

An obligee who is a recipient of public aid must send a copy of any notice of delinquency filed pursuant to Section 63-17-1440 to the Division of Child Support of the South Carolina Department of Social Services.

An obligor whose income is being withheld or who has been served with a notice of delinquency pursuant to this article shall notify the clerk of court of any new payor and of the availability of health insurance for any children for whom support is ordered within seven days after…

If the Division of Child Support of the Department of Social Services is notified by the South Carolina Department of Employment and Workforce in accordance with Section 41-35-140 that an obligor is receiving unemployment insurance benefits, the division must notify the court for…

Upon receiving any other support payment including, but not limited to, a tax offset under federal or state law or any payment toward an arrearage, the Department of Social Services, within the time permitted by Title IV-D of the Social Security Act, shall provide notice of the p…

Copies of support payment records certified by the Department of Social Services or the clerk of court shall, without further proof, be admissible as evidence in a dispute concerning support payments.

The Department of Social Services and the Office of Court Administration shall design suggested legal forms for proceeding under this article and shall make available to the courts for distribution to parties in support actions these forms and informational materials which descri…

If a payor wilfully fails to withhold or pay over income pursuant to a notice to withhold, the court upon notice and hearing may enter judgment and direct the issuance of an execution against the payor for the total amount that the payor wilfully failed to withhold. A payor who w…

If an obligor, obligee, or the Department of Social Services wilfully initiates a false proceeding under this article or wilfully fails to comply with the requirements of this article, punishment for contempt may be imposed.

The rights, remedies, duties, and penalties created by this article are in addition to any other rights, remedies, duties, and penalties otherwise provided by law.

Amounts collected through the State Disbursement Unit are subject to court costs pursuant to Section 63-3-370(C), with disposition of all these fees made in accordance with Section 14-1-203. Employers shall make payment of the amount withheld to the State Disbursement Unit within…

The Office of Court Administration after consultation with the Department of Social Services is authorized to promulgate those regulations necessary to implement this subarticle.

When a delinquency occurs as defined in Section 63-17-1410, the obligor must be given notice pursuant to Section 63-17-1440 of the proposed lien. Where no petition to stay service is timely filed or where no relief is granted to the obligor pursuant to Section 63-17-1450, the arr…

As used in this article: (1) "Agency" means the clerk of court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support order…

The remedy provided in this article is in addition to, and not in substitution for, any other remedy otherwise available to enforce a support order of another jurisdiction. Relief under this article may not be denied, delayed, or otherwise affected because of the availability of …

On behalf of any obligee for whom the clerk of court is already providing services, or on application of a resident of this State, an obligee or obligor of a support order issued by this State, or an agency to whom the obligee has assigned support rights, the clerk of court shall…

(A) Upon receiving a support order of another jurisdiction with the documentation specified in subsection (B) of this section from an agency of another jurisdiction an obligee, an obligor, or an attorney for either, the clerk of court shall enter this order. (B) The following doc…

(A) On the date a support order is entered pursuant to Section 63-17-1840, the clerk of court shall serve upon the obligor, in accordance with Section 63-17-1440, a verified notice of delinquency. The notice shall also advise the obligor that the income withholding was requested …

(A) At any hearing contesting proposed income withholding based on a support order entered under Section 63-17-1840, the entered order, accompanying sworn or certified statement, and a certified copy of an order for withholding, if any, still in effect constitutes prima facie pro…

If the obligor does not request a hearing in the time provided, or if a hearing is held and it is determined that the obligee has or is entitled to income withholding under the local law of the jurisdiction which issued the support order, the clerk of court shall issue a notice t…

The provisions of Sections 63-17-1430, 63-17-1440, 63-17-1450, 63-17-1460, 63-17-1470(A), (C), and (D), and 63-17-1510 apply to income withholding based on a support order of another jurisdiction entered under this article and under Articles 11 and 15.

(A) The notice to withhold shall direct payment to be made to the State Disbursement Unit. The State Disbursement Unit shall promptly transmit payments received pursuant to an order to withhold based on a support order of another jurisdiction entered under this article and under …

(A) The clerk of court, upon receiving a certified copy of any amendment or modification to a support order entered pursuant to Section 63-17-1840, shall initiate, as though it were a support order of this State, necessary procedures to amend or modify the order to withhold of th…

Any person who is the obligor on a support order of another jurisdiction may obtain voluntary income withholding by filing with the clerk of court a request for withholding and a certified copy of the support order of a sister state. The clerk of court shall issue a notice to wit…

(A) The law of this State shall apply in all actions and proceedings concerning the issuance, enforcement, and duration of orders to withhold issued by a court of this State, which is based upon a support order of another jurisdiction entered pursuant to Section 63-17-1830, excep…

(A) Any person who has sexual intercourse in this State thereby submits to the jurisdiction of the courts of this State as to an action brought under this article with respect to a child who may have been conceived by that act of intercourse. In addition to any other method provi…

To be enforced pursuant to this article, a court order which requires a parent to provide health coverage for a child must: (1) clearly specify: (a) the name, social security number, and last known mailing address, if any, of the parent and the name, social security number, date …

If a court order requiring a parent to provide health coverage to a child is received by an employer or a health insurer, including a group health plan as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974 or health maintenance organization as define…

(A) If a parent is required by a court order to provide health coverage for a child and the parent is eligible for family health coverage through an employer in this State, notice and a copy of the order must be sent to the employer. The notice and copy of the order may be sent b…

(A) If a court order requires a parent to provide and maintain health coverage for a child and the parent is eligible for family health coverage through an employer, the order shall include a provision directing the employer to withhold from money, income, or periodic earnings du…

Within thirty days after receipt of an order requiring the obligated parent to provide health care coverage for a child, the parent or employer must provide the child's other parent written proof that the insurance has been obtained or that an application for insurance has been m…

(A) A court order which requires income withholding pursuant to this article has priority over all other legal processes under state law against money, income, or periodic earnings of the noncustodial parent except an order of income withholding for child support. (B) A person un…