Title 63, South Carolina Children's Code

(A) The Department of Social Services is the state information agency under this article. (B) The state information agency shall: (1) compile and maintain a current list, including addresses, of the tribunals in this State which have jurisdiction under this article and any suppor…

(A) In a proceeding under this article, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under Section…

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. A…

(A) The petitioner may not be required to pay a filing fee or other costs. (B) If an obligee prevails, a responding tribunal of this State may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurr…

(A) Participation by a petitioner in a proceeding under this article before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceedi…

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this article.

(A) The physical presence of a nonresident party who is an individual in a tribunal of this State is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. (B) An affidavit, a document s…

A tribunal of this State may communicate with a tribunal outside this State in a record, or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding.…

A tribunal of this State may: (1) request a tribunal outside this State to assist in obtaining discovery; and (2) upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this State.

(A) A support enforcement agency or tribunal of this State shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certified …

Any interested persons may file a petition to the court requesting the court to order persons legally chargeable to provide support as required by law.

(A) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if: (1) the individual seeking the order resides outside this State; or (2) the support…

A tribunal of this State authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this article or a law or procedure substantially similar to this article.

When a child is born to parents, either or both of whom are unmarried and under eighteen years of age, the Child Support Enforcement Division of the State Department of Social Services may pursue support and maintenance of that child from one or both of the child's maternal and p…

An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer under Articles 11, 13, and 15 without first filing a petition or comparable pleading or registerin…

(A) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (B) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a t…

If an obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish …

An employer that complies with an income-withholding order issued in another state in accordance with this part is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income.

An employer that wilfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this State.

(A) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in this State by registering the order in a tribunal of this State and filing a contest to that order as provided in Part VI, or othe…

(A) A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this State. (B) Up…

Except where the circumstances indicate it to be undesirable, in all cases where an application for support has been made, an effort should be made by the judge to restore harmonious relations between the husband and wife and to adjust the issues raised by the application through…

A support order or income-withholding order issued in a tribunal of another state or a foreign support order may be registered in this State for enforcement.

(A) Except as provided in Section 63-17-3935, a support order or income-withholding order of another state or a foreign support order may be registered in this State by sending the following records to the Department of Social Services: (1) a letter of transmittal to the tribunal…

(A) A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this State. (B) A registered support order issued in another state or a foreign country is enforceable in the sa…

(A) Except as otherwise provided in subsection (D), the law of the issuing state or a foreign country governs: (1) the nature, extent, amount, and duration of current payments under a registered support order; (2) the computation and payment of arrearages and accrual of interest …

The court shall in a proper case issue a summons or rule to show cause, requiring the respondent to appear at the court at a time and place named, to show cause why the order for support prayed for by the petition shall not be granted. A summons or rule to show cause shall not be…

(A) When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this State shall notify the nonregistering party. Notice must be given by first-class, certified, or registered mail or by any means …

(A) A nonregistering party seeking to contest the validity or enforcement of a registered order in this State shall request a hearing within twenty days after notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an all…

(A) A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) the issuing tribunal lacked personal jurisdiction over the contesting party; (2) the order w…

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

(A) If pursuant to family court rule, the clerk of court issues a rule to show cause in a case of child support or periodic alimony arrearage, the clerk also shall provide written notice to the party owed the support or alimony. The notice to the party owed support or alimony mus…

A party or support enforcement agency seeking to modify, or to modify and enforce, a child-support order issued in another state shall register that order in this State in the same manner provided in subpart 1 if the order has not been registered. A petition for modification may …

A tribunal of this State may enforce a child-support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this State, but the registered support order may be modified only if the requirements of Sectio…

(A) If Section 63-17-3850 does not apply, upon petition, a tribunal of this State may modify a child-support order issued in another state which is registered in this State if, after notice and hearing, the tribunal finds that: (1) the following requirements are met: (a) neither …

If a child-support order issued by a tribunal of this State is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this State: (1) may enforce its order that was modified only as to arrears and in…

(A) Where a court order requires a parent to provide monetary support for a child in the form of payment of health, medical, educational, or other expenses, excluding periodic child support payments, and the parent fails to do so, the other parent or the child's custodial guardia…

(A) If all of the parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to enforce and to modify the issuing state's child-support order in a proceeding to register that order. (B) A tribunal…

Within thirty days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party…

(A) Except as otherwise provided in Section 63-17-3960, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this State may assume jurisdiction to modify the child-support order and bind all individua…

A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the convention may register that order in this State under Sections 63-17-3610, 63-17-3620, 63-17-3630, 63-17-3640, 63-17-3710, 63-17-3720, 63-17-3730, and 6…

Where a respondent shall neglect or refuse to obey an order for support or upon agreement signed by the respondent and approved by the court, and the court is satisfied thereof by competent proof, it may, with or without notice, issue a warrant to commit the respondent to jail un…

(1) "Application" means a request under the convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority. (2) "Central authority" means the entity designated by the United States or a foreign country …

This part applies only to a support proceeding under the convention. In such a proceeding, if a provision of this part is inconsistent with Parts I through VI, this part controls.

The Department of Social Services of this State is recognized as the agency designated by the United States central authority to perform specific functions under the convention.

(A) In a support proceeding under this part, the Department of Social Services of this State shall: (1) transmit and receive applications; and (2) initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State. (B) The following suppor…