The bill H. 3009 seeks to amend the South Carolina Code of Laws to improve the enforcement of alimony obligations by granting the Department of Social Services' Division of Child Support Enforcement jurisdiction to enforce these obligations upon referral from family court. It introduces a new section, 20-3-165, and aligns the definitions and processes for both child support and alimony. The legislation allows for retroactive application, meaning that the new enforcement measures can be applied to past cases. Additionally, it requires alimony orders to include the social security numbers of both parties and enables the Division to issue administrative subpoenas to gather necessary information for enforcement.

The bill also establishes that unpaid child support or alimony of $1,000 or more creates a lien in favor of the obligee, affecting both tangible and intangible property of the obligor. It outlines the notification process for obligors, procedures for filing liens, and the rights of the Division to collect unpaid amounts through property levies. Furthermore, it mandates that the Department of Social Services receive copies of marriage and death certificates at no charge for enforcement purposes and clarifies the definitions of support obligations. The bill ensures that fees set by the department do not exceed the actual cost of services and includes a provision for the act's severability, allowing remaining sections to remain effective if any part is deemed unconstitutional. The act will take effect upon the Governor's approval and can be applied retroactively to recover alimony obligations accrued within the last ten years.

Statutes affected:
12/05/2024: 20-3-165, 20-3-130, 63-17-710, 20-1-350
Latest Version: 20-3-165, 20-3-130, 63-17-710, 20-1-350
12/06/2024: 20-3-165, 20-3-130, 63-17-710, 20-1-350