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South Carolina State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?
There are four (4) IV-D offices in SC.
A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?
Yes
A2.1. If yes, what is the statutory citation?
SC Code section 43.5.590(J)
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A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?
No.
A2.3. If yes, please explain.
Not applicable

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?
63-17-2900
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B2. How many copies or sets of documents does your state need for an intergovernmental case referral?
The original and two copies. Three documents total.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)
Germany
C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?
No
C1.2. If yes, please explain.
Not applicable
C2. Has your state established reciprocity with any Native American tribal courts?
No
C2.1. If yes, list the tribes and identify services provided, if less than full services.
Not applicable
C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries? **
Yes
C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

D. Age of Majority

D1. What is the age of majority in your state?
18 years of age.
D2. What is the statutory citation for the age of majority?
SC Code Sec. 63-3-530(A)(17)
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D3. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
It is not automatically terminated. A Court Order is necessary to terminate support.
D4. Does the date of the order determine the law that is applied?
No
D4.1. If yes, please explain.
Not applicable
D5. Does child support end if the child leaves the household, but does not emancipate?
No
D5.1. Optional comments regarding emancipation.
Child support would not end without a court order removing that child from the support order.
D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?
Yes
D6.1. If yes, please explain.
Child is handicapped, or child is still in high school and expected to graduate before age 19.
D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or otherwise emancipates?
No
D7.1. If yes, please describe the procedure.
Not applicable
D8. Does your state accept a application from a party after all of the children on the case have emancipated?
D8.1 If not, how does this affect interstate referrals?

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past-due support?
None.
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E2. What is your State's statute of limitations for paternity establishment?
No statute of limitations but IV-D will not establish beyond age 18.
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E3. Is dormancy revival/renewal possible?
No
E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.
Not applicable
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F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?
Income Shares model (last updated in 2006)
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F2. Does your state charge interest on arrears?
No
F2.1. If yes, please indicate the amount of interest charged and any related conditions.
Not applicable
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F3. Does your state charge interest on retroactive support?
No
F3.1. If yes, please indicate the amount of interest charged and any related conditions.
Not applicable
F4. Does your state charge interest on adjudicated arrears?
No
F4.1. If yes, please indicate the amount of interest charged and any related conditions.
Not applicable
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F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?
No
F5.1. If yes, under what circumstances?
Not applicable
F6. Does your state elect to recover costs or charge fees in your IV-D state plan?
Yes
F6.1. If yes, what costs are recovered from or fees charged to the obligee?
Genetic testing fees only.
F6.2. If yes, what costs are recovered from or fees charged to the obligor?
None.
F7. Does your state recover costs on behalf of the initiating state?
No
F7.1. Optional comments regarding recovery of initiating state's fees.
Not applicable
F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?
S.C. Code Sec. 63-17-20
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F9. Does your state establish, enforce, or modify spousal maintenance orders?
Yes
F9.1. If yes, under what circumstances?
SC does not establish spousal support. SC does not modify spousal support. SC enforces spousal support if it was included in the child support order.
F10. Does your state require the initiating state to include information about the new spouse or partner upon a request for establishment or modification? (See General Testimony, AT-11-07)
No
F10.1. Optional comments regarding required information on spouse or partner.
None
F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?
From the Custodial Parent
F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $500?
Yes
F11.2 Does your state collect the fee from the person applying for IV-D services?
Yes
F11.3. Does your state collect the fee from the absent parent?
No
F11.4. Does your state pay the fee out of its own funds?
No
F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?
On the mandatory effective date.
F13. Will your state pass through (and disregard for TANF eligibility purposes) the excepted portion to families in current assistance cases?
No
F14. Does your state participate in the pass-through in former assistance cases?
No
F14.1. If yes, provide the date.
Not applicable
F15. Will your state discontinue eligible assignments under the DRA of 2005?
No
F15.1. If yes, list the eligible assignments your state would discontinue.
N/A
F15.2. When will your state discontinue each type of assignment?
N/A
F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?
PRWORA
F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?
File a Change of Payee and Redirect Payment Order with the appropriate Clerk of Court.
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F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?
File a Change of Payee Order with the Court.
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F17.2. What are your state's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only?
An application for child support services is required in order to change a payee.
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F17.3. How does your state collect the $25.00 annual fee on never-TANF cases?
All applicants who have never received TANF will be charged a $25.00 fee each year after the first $500.00 in child support has been collected and paid out.
F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases? **
No
F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees). **
F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)
F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is not subject to withholding?
None
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G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?
No
G2.1. If yes, what are those limits?
Not applicable
G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?
Up to $3.00 per withholding.
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G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?
Next pay period.
G5. What is the date by which an employer must remit amounts withheld from an employee's pay?
Within seven (7) days of withholding.
G6. What are your state's procedures for sanctioning employers for not implementing income withholding?
Rule to Show Cause (Contempt) action in Family Court.
G7. What is the penalty to an employer for failure to remit payments withheld?
Total amount withheld.
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G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?
No
G8.1. Explain your process for receiving direct withholding orders across state lines.
Not applicable
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G8.2. What documents are required to intercept UI benefits?
A registration packet, CSET #1, certified copies of all court orders, a complete pay history, an affidavit of arrears.
G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?
No
G9.1. Optional comments regarding direct withholding of WC benefits across state lines.
None
G10. How does an obligor contest income withholding in your state?
Family Court.
G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.
All will receive prorated payments if income is insufficient to satisfy all requests completely.
G11.1. If an employer in your state receives more than one income withholding order for child support from other states, can the employer request your assistance?
Yes
G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.
Not applicable
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G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?
No.
G13. When does your state require the employer to send notice of an employee's termination?
Within twenty (20) days of employee's departure.
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G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?
Within twenty (20) days of employee's departure.
G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?
The Clerks of Court charge a 5% administrative fee on top of the support order amount.
G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?
No.
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G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?
Employers only. Liens are the appropriate tool otherwise.
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G18. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your state's prioritization between child support and medical support.
Ongoing child support obligation is the top priority.
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G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?
The cp would be paid his/her monthly court ordered obligation and anything received over the monthly obligation would be applied towards arrears. Our current IV-D system is not designed to pay another state if the case type is an intrastate case type. If the case type is an interstate case type we forward all payment(s) to the interstate agency so that they can properly allocate the collection(s).
G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?
We are not directed by state law but follow the Federal citation, 45 CFR 302.51.
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G21. Does your state's law require a signature on the income withholding order?
No

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?
No
H1.1. If yes, please explain.
not applicable
H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
95% - Rebuttable
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H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.
None
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H4. What is the effective date of the state law that makes paternity acknowledgments conclusive?
06/10/1997
H4.1. Were acknowledgments prior to that effective date rebuttable?
Yes
H4.2. Optional comments regarding paternity acknowledgments prior to that date.
Requests for paternity acknowledgements must be name by either the mother or father of the child. They must contact the SC Department of Health and Environmental Control. Their website is: http://www.scdhec.gov/VitalRecords/. Please note there is a cost associated with obtaining copies of birth certificates. None
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H5. Does marriage constitute a rebuttable presumption of paternity?
Yes
H5.1. If yes, how is the presumption rebutted?
Family Court Proceeding.
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H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?
Yes
H6.1. If no, briefly explain.
Requests for birth certificates must be name by either the mother or father of the child. They must contact the SC Department of Health and Environmental Control. Their website is: http://www.scdhec.gov/VitalRecords/. Please note there is a cost associated with obtaining copies of birth certificates.
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H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?
January 1, 1998
H8. Does your state have any other paternity-related presumptions?
Yes
H8.1. If yes, briefly explain.
South Carolina law was amended in 1997 to reflect that any paternity acknowledgement executed after January 1, 1998 created a legal finding of paternity, subject to the right of signatory to rescind the acknowledgement within sixty days. After the sixty-day period, a peternity acknowledgement may be challended in court only on the basis of fraud, duress, or material mistake of fact, with the proof upon the challender. When the paternity acknowledement is completed and signed by the mother and father, the original is filled with DHEC, Division of Vital Records, where the father's name is listed on the birth certificate.
H9. Does your state have a putative fathers' registry?
Yes
H9.1. If yes, what is the name of that entity?
Responsible Father Registry
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H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?
Yes
H10.1. If yes, please describe any circumstances under which these fees may be waived.
Both parties must be legally free to marry and hold themselves out to the community as husband and wife. Since the tenet is based on the reception of common law, there is no specific citation in the Code.
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H11. Is common-law marriage recognized in your state?
Yes
H11.1. If yes, briefly describe the standard that defines common-law marriage.
Whether a common-law marriage exists is a question of law. Determination as to the status of parties as being married at common law is, accordingly, judicial in nature. South Carolina courts set forth two elements of common law marriage. First, the parties must have the capacity to marry, and second, the facts and circumstances must show an intention on the part of both parties to enter into a marriage contract. A court must consider numerous, non-exclusive, factors in addressing the second element. A common-law marriage is deemed to be formed when two parties contract to be married, although no express contract is necessary, and their agreement to be married may be inferred from the circumstances. A court will look for mutual assent, the intent of each party to be married to the other, and a mutual understanding of each party's intent to be married. (See, e.g. Callen v. Callen, 365 S.C. 618, 620 S.E.2d 59; S.C., 2005) While there is no single indication of common law marriage the following factors have been considered in the State of South Carolina as indicative of a common law marital relationship: evidence establishing that the parties have lived together for an extended period of time and have publicly held themselves out as husband and wife, such as through the filing of joint income tax returns, appearing as husband and wife on children's birth certificates, and entering into contracts and opening banking account as husband and wife.
H11.2. When did your current common-law standard go into effect?
01/01/1832
H11.3. If there was a common-law standard in effect prior to your current standard, what was that standard and when did it go into effect?
SC Code Sec. 14-1-50.
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H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?
No specific provision authorizing alternate appearances for paternity hearings. Per order of the South Carolina Supreme Court (Order 2007-01-10-01), participants in other DSS proceedings may appear by videoconferencing.
H13. Give the statutory citation for your state's long-arm statute and list any special provisions.
S.C. Code Ann. 63-17-20. For UIFSA, see S.C. Code Ann. 63-17-3010.
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H14. Does your state recover genetic testing costs for another state?
No
H14.1. If yes, please explain.
Not applicable
H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?
Acknowledgment of paternity, certified copy of a court or administrative determination of paternity, or certified Certificate of Adoption. (See, generally, S.C. Code Ann. 44-63-10 et seq.)
H16. If there is more than one child with the same custodial party and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child?
Only one set of documents is necessary as this would be one case on our system.

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
May establish using either administrative or judicial process.
I1.1. If your state can establish under both, under what circumstances would the administrative process be used?
Administrative process in most cases.
I1.2. Under what circumstances would a judicial process would be used?
Judicial process in contested cases or natural/legal cases.
I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.
SC Code Sec. 63-17-710, et. seq.
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I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?
CP's income is considered when calculating guidelines.
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I3. What criteria for rebutting your presumptive guidelines have been established in your state?
Left to judicial discretion.
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I4. Will your state establish support orders for prior periods?
No
I4.1. If yes, for what prior periods (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?
Not applicable
I4.2. What information or documentation does your State require to proceed?
Not applicable
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I4.3. Will your state allow a petition for support when the only issue is retroactive support?
No
I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Not applicable
I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?
Establishment of paternity, child support, medical support, modification, enforcement.
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I6. What is your state's statutory authority for the administrative process?
SC Code Sec. 63-17-710 through 63-17-850.
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I7. Is there a local state law that allows an interstate administrative subpoena?
SC Code Sec. 63-17-20.
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I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?
No.
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I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child when public assistance is not being expended?
No.
I10. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No.
I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?
They should request an establishment action.
I12. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before a support order is modified or established?
No
I13. When there is an existing support order between the parents of a child, and the child's residence changes from one parent to the other, does your state require that the new custodian obtain legal custody before support can be redirected to the new payee?
No
I14. What methods of personal service does your state use? **
Service by a Deputy Sheriff; personal service by restricted delivery, signed by the recipient; service by a private process server.
I15. Does your state send and receive pleadings and documents electronically in international cases? **
No
I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **
I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **
Deviations from standard calculations are contained in Section 2, B in the South Carolina Child Support Guidelines, found at: http://www.state.sc.us/dss/csed/forms/2014guidelines.pdf
I17. Please provide the relevant statutory or case law citation. **
http://www.state.sc.us/dss/csed/forms/2014guidelines.pdf
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I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **
Yes
I18.1 If yes, indicate the appropriate responses. **
Depending on the situation overall, we encourage all of these approaches, especially in cases where more regular, reliable child support appears a likely outcome.

J. Support Enforcement

J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both).
J1.1. Are your state income tax refund procedures judicial, administrative, or both?
Administrative.
J2. Is the lien process in your state judicial, administrative, or both?
Administrative.
J2.1. What are the trigger criteria for filing a lien?
$1,000 or more arrearage
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J2.2. Where are your state liens filed?
County - Registrar of Mesne Conveyance
J2.3. Does your state charge a fee for filing a lien?
No
J2.4. If yes, please indicate the amount.
Not applicable
J.3. Does your state enforce property seizure and sale?
Yes
J3.1. Are the property seizure and sale procedures judicial, administrative, or both?
Administrative and Judicial.
J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?
Administrative.
J4.1. When must an NCP receive notice that a MSFIDM freeze and seize action is an enforcement remedy and may be used by the state to collect delinquent child support?
When case established.
J4.2. Does your state's income withholding definition include amounts in financial institutions?
No
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J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?
Yes
J4.3.1 If yes, who notifies the NCP, the state or the financial institution?
The state handles the notification.
J5. What are the time frames if a new notice of intent to freeze and seize must be sent?
30 days before seizure.
J5.1. What are the criteria that must be met to deem an obligor eligible for freeze and seize action in your state?
No specified number of months delinquent. No accounts exempted.
J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?
$1,000 minimum delinquency.
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J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?
No.
J5.3.1. If yes, please provide the time frame.
Not applicable
J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?
No
J5.4.1. If yes, provide the percentage.
Not applicable
J5.4.2. Is the percentage different for joint accounts?
No
J5.4.3. If yes, describe.
Not applicable
J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.
No.
J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?
N/A
J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?
Thirty (30) days.
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J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?
Not specified.
J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?
Incorrect obligor; incorrect arrearage amount.
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J5.10. Is your state's complaint review process judicial, administrative, or both?
Initially administrative; judicial if not satisfactorily resolved.
J5.11. What are your state's penalties for incorrect seizures?
None.
J5.12. Is the second challenge administrative, judicial, or both?
Judicial.
J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?
30 days. Grounds for appeal must be based on mistaken identity and arrears not correct as stated in notice. No recourse for non-debtor.
J5.14. Is the freeze and seize operation in your state centralized or automated?
Centralized.
J5.15. Are there additional freeze and seize requirements or limitations not otherwise noted in this profile?
The IV-D agency will send a follow-up notice requesting that the bank remit the funds.
J5.16. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?
No
J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.
Not applicable
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J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?
Yes.
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J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement agency?
Ninety (90) days.
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J6. Does your state withhold state funds or benefits?
Yes
J6.1. If yes, is the method of withholding state benefits judicial, administrative or both?
Administrative.
J7. Describe any other administrative enforcement procedures your state may have.
License revocation, passport denial.
J8. Describe any other judicial enforcement procedures your state may have.
Wage withholding, contempt hearings.
J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow?
Administrative liens must be filed with the Register of Deeds or clerks of court if they are against real property, or with the Department of Natural Resources if they are against watercraft. South Carolia is a direct levy, full faith and credit state regarding liens against financial property.
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J10. Which of your state's enforcement remedies are available without judicial actions?
None.
J11. Describe your state's procedures for registering and enforcing another state's order.
UIFSA transmittal and required packet.
J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.
Rule to show cause for contempt is available through family court.
J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?
No
J13.1. If yes, provide the statutory citation.
Not applicable
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J14. What are your state's criteria for reporting an obligor's child support information to credit bureaus?
SC does not report any obligor's child support information to credit bureaus/
J15. To which credit bureaus does your state report an obligor's child support information?
None
J16. Is the method for credit bureau reporting judicial, administrative, or both?
N/A
J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.
J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.
Liens, Levies and MSFIDM only
J19. What documentation does your state require to proceed with an AEI request?
Copy of the Notice of Lien from the other state.
J20. What mandatory data elements does your state need to process AEI requests?
The Notice of Lien must include the obligor's name, address, and ssn. It must include the total amount of the arrears owed as well as the other state's case number. The name and address of the financial institution are also required.
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm
J21. Which additional data elements would aid your state in processing AEI requests?
None
J22. How many copies/sets of documents does your state require with an AEI request?
One
J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?
None
J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?
Yes
J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.
Not applicable
J25. What is the procedure for obtaining a certified copy of a court order?
A transmittal would be required requesting this information.
J26. What is the procedure for obtaining a certified payment record?
A transmittal would be required requesting this information.
J27. Is there a cost for requesting a certified copy of a court order or payment record?
No, not if it is requested by SC Child Support or another state's Child Support agency.
J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?
J29. What triggers a driver's license revocation?
No payments within 60 days and arrears larger than $500. Also must have a valid SC driver's license.
J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?
Yes
J29.2 If yes, what is the amount?
Arrears exceeding $500.00.
J30. Under what conditions may a noncustodial party restore the driver's license?
The non-custodial parent comes into compliance with child support order; pays a partial lump sum based on arrears owed or an agreement with the Office of Compliance is reached.
J30.1 What is the process for restoring a driver's license?
The non-custodial parent must come into compliance with the order or reach an agreement with this office.
J31. Does your state allow temporary or conditional driver's licenses?
Yes
J31.1 If yes, what are the conditions?
Must meet criteria established by the SC Department of Motor Vehicles - the licensee can only have a child support violation against driver's license. License is only valid for 6 months; license is non-renewable.
J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.
SC Recently initiated automated generation of "Intent to Revoke Notices" on cases meeting the license revocation criteria.
J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?
No
J33.2 What is the dollar amount?
J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?
No
J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?
Yes
J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?
Yes
J36.2 What is the dollar amount?
$1000
J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?
Yes
J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?
Yes
J38.2 What is the dollar amount?
$1000
J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?
No
J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?
Every 3 years.
For Additional Information - exit disclaimer
K2. Briefly describe your state's modification procedure.
On request of either party; automatically in TANF cases.
K3. What are your criteria for modification (for example, $50 or 20% from present order)?
This is a judicial process that requires a Summons and Complaint.
K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?
K4.1. The earnings of the obligor have substantially increased or decreased.
Yes
K4.2. The earnings of the obligee have substantially increased or decreased.
Yes
K4.3. The needs of a party or the child(ren) have substantially increased or decreased.
Yes
K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.
No
K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
No
K4.6. There has been a substantial change in childcare expenses.
Yes
K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?
None
K5. Does your state have cost of living adjustments (COLAs) for orders?
No
K5.1. If yes, what index does your state use?
Not applicable
K6. How does your state credit SSA disability to current and past-due support?
When a Non-custodial parent is under an order and starts receiving Social Security benefits, if the children's benefits are more than the ongoing (after computing guidelines), the obligation through the court should be terminated. Any arrears due as of the date of disability remain owing. If the NCP only has minimal income, a token payment towards the arrears such as $50.00 per month may be accepted. Any arrears that accrued after the date of disability should be forgiven. Lump sum payments should not be applied to the arrears owed as of the date of disability; to strike the post-disability date arrears and offset the pre-disability date arrears would be a windfall to the NCP.
K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.
No
K7.1. If yes, explain the circumstances?
Not applicable
K7.2. What is the statutory citation for your abatement law?
Not applicable
For Additional Information - exit disclaimer
K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.
Not applicable
For Additional Information - exit disclaimer
K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.
Standard UIFSA forms, per matrix.
K8. What information does your state require to register an out-of-state order for enforcement/modification?
Birth records can be obtained for $12.00 through: Division of Vital Records, SCDHEC, 2600 Bull St, Columbia, South Carolina 29201. Birth certificate requests should come through the Division's Interstate Central Registry, CSED, ICR, PO Box 1469, Columbia, South Carolina 29202
K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?
Standard UIFSA forms, per matrix.
K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?
We have no statute that addresses payment of arrears after emancipation. However, our practice is to file an emancipation order which requires the defendant to continue paying as previously ordered, whih we interpret to mean current support plus arrears.
K10. What circumstances will cause your state to end child support before the normal duration? **
Child comes to reside with the former noncustodial parent; emancipation by action - determined by the family court; child's demise.

L. Payments

L1. Does your state define a lump sum payment?
No
L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).
Not applicable
L1.2 Provide the statutory citation.
Not applicable
For Additional Information - exit disclaimer
L2. Does your state law require employers to report lump sum payments?
No
L2.1 If yes, give the statutory citation or rule.
Not applicable
For Additional Information - exit disclaimer
L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?
No
L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?
Not applicable
L4. How are employers instructed to report a pending lump sum?
Not applicable
L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?
Not applicable
L6. Does your state use the income-withholding order to attach the lump sum payment?
No
L7. Does your state use the lien/levy process to attach lump sum payments?
No
L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?
Notice of Levy
L8. What other documents does your state use to attach lump sum payments?
Notice of Freeze
L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?
No
L9.1. If yes, what are those limits?
Not applicable
L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?
Not applicable
For Additional Information - exit disclaimer
L9.3. If yes, what are those limits?
Not applicable
L9.4. If no, what percentage is the employer required to withhold?
Not applicable
L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?
No
L10.1 If yes, would the employer only withhold for that period's obligation?
L11. Does your state have a direct deposit program?
Yes
L11.1 If so, specify the vendor.
Xerox/ACS
L12. Does your state have a debit card program?
No
L12.1 If so, specify the vendor.
Yes
L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?
A fee is accessed for each call after the fifth call to customer service within a month, a fee is accessed after the 5th withdrawal from an ATM within the Cards network. A fee is accessed for ATM withdrawals outside the network. Insufficient fees are accessed when the card holder has insufficient funds. No fees are accessed for use at Point of Sale terminals.
L13.1 If so, are there fees involved?
L14. What are the fees associated with using the card?
L15. How does your state collect child support payments from an obligor? **
Payments must be made in accordance with the procedures followed at the individual family court handling the case. Some of our counties use an internet based product called GovPayNet that is accessible world-wide, but some do not.
L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **
Checks are sent to customers from the individual courts, in accordance with their local procedures and capabilities.
L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **
Checks are sent to customers from the individual courts, in accordance with their local procedures and capabilities.
L18. Does your state process electronic payments in international cases? **
No
L18.1 If so, describe the process. **
L19. What is your state's International Bank Account Number (IBAN)? **
South Carolina does not have an IBAN.

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information - exit disclaimer
M1.1. Additional information on the CCPA.

For Additional Information - exit disclaimer
M2. Does your state have legislation that requires insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?
No
M2.1. If yes, provide the statutory citation
Not applicable
For Additional Information - exit disclaimer
M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?
Payee name, amount due the payee after medical and legal fees are paid.
For Additional Information - exit disclaimer
M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?
M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?
M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?
The obligor must have an arrearage of at least $1,000.00.
M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?
There are no current requirements for this.
M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?
M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.
Yes. SC Code section 63-17-2320
For Additional Information - exit disclaimer
M2.8. Does your state law protect an insurer from liability for acting in accordance with the insurance match law?
M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?
Yes
M3.1. Provide the statutory citation.
Yes. SC Code section 63-17-2320
For Additional Information - exit disclaimer
M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?
M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?
M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.
SC code section 63-17-2710
For Additional Information - exit disclaimer
M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.
Yes, the obligor has thirty days to object to the Lien.
For Additional Information - exit disclaimer
M6. Are there attorney fees associated with the insurance intercept activity?
M7. How does another state initiate and intercept collections from your state workers' compensation agency?
We prefer to handle these through the attorneys in the regional offices since most often this information is obtained at a court hearing.
M7.1. What is the process, the points of contact, and what forms?

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)
N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?
N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)
N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)