A bill

to amend the South Carolina Code of Laws BY ADDING SECTION 20-3-165 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES' DIVISION OF CHILD SUPPORT ENFORCEMENT TO ENFORCE CERTAIN ALIMONY OBLIGATIONS; by amending SECTION 20-3-130, RELATING TO THE AWARD OF ALIMONY, SO AS TO MAKE CONFORMING CHANGES; by amending SECTIONS 63-17-710, 63-17-720, 63-17-730, 63-17-750, 63-17-760, 63-17-850, 63-17-1010, 63-17-1020, 63-17-1050, 63-17-1210, 63-17-1410, 63-17-1510, 63-17-1810, 63-17-1890, 63-17-1910, 63-17-2310, 63-17-2320, 63-17-2330, AND ARTICLE 21 OF CHAPTER 17, TITLE 63, ALL RELATING IN PART TO CHILD SUPPORT ENFORCEMENT, SO AS TO MAKE CONFORMING CHANGES; by AMENDing SECTIONS 20-1-350, 27-23-10, 41-35-140, 44-63-60, 44-63-80, 44-63-84, 44-63-86, AND 44-63-110, RELATING TO MARRIAGE LICENSES, FRAUDULENT CONVEYANCES, UNEMPLOYMENT COMPENSATION, AND VITAL RECORDS, ALL SO AS TO MAKE CONFORMING CHANGES; by ALLOWing RETROACTIVE APPLICATION OF THE ACT; AND FOR OTHER PURPOSES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   Article 1, Chapter 3, Title 20 of the S.C. Code is amended by adding:

   Section 20-3-165.   Notwithstanding Section 63-3-530 or another provision of law, the Department of Social Services or its designee has jurisdiction to enforce an alimony obligation pursuant to Chapter 17, Title 63 upon referral of an alimony enforcement action by the family court.

SECTION 2.   Section 20-3-130 of the S.C. Code is amended by adding subsections to read:

   (I) An administrative or judicial order which includes a provision for alimony shall set forth the social security numbers, or the alien identification numbers assigned to resident aliens who do not have social security numbers, of the obligor and the obligee.

   (J) The family court has the authority to enforce the provisions of any decree, judgment, or order regarding alimony of a court of this State, or refer to the Department of Social Services for enforcement pursuant to Section 20-3-165.

SECTION 3.A.   Section 63-17-710 of the S.C. Code is amended to read:

   Section 63-17-710.   Notwithstanding Section 63-3-530 and any other provision of law, the Child Support Enforcement Division of the Department of Social Services, or its designee, also has jurisdiction to establish paternity, to establish and enforce child support, and to administratively change the payee in cases brought pursuant to Title IV-D of the Social Security Act, and to enforce alimony in accordance with this article.

B.   Section 63-17-720 (9) and (12) of the S.C. Code is amended to read:

   (9) "Monthly support obligation" means the monthly amount of current child support, alimony, or both, that an obligor is ordered to pay by the court or by the division pursuant to this article or Article 1, Chapter 3, Title 20.

   (12) "Order" means an administrative order that involves the establishment of paternity and/or the establishment and enforcement of an order for child support and/or medical support and/or enforcement of an order of alimony issued by the Child Support Enforcement Division of the State Department of Social Services or the administrative agency of another state or comparable jurisdiction with similar authority.

C.   The undesignated introductory sentence of Section 63-17-730 and Section 63-17-730(5) and (7) of the S.C. Code are amended to read:

   Section 63-17-730.   The director shall issue a notice of financial responsibility to an obligor who owes a child support debt or alimony debt or who is responsible for the support of a child on whose behalf the custodian of that child is receiving support enforcement services from the division pursuant to Title IV-D of the Social Security Act. The notice shall state that:

   (5) no court order for judgment nor verified entry of judgment may be required in order for the clerk of court and division to certify past due amounts of child support or alimony to the Internal Revenue Service or Department of Revenue for purposes of intercepting a federal or state tax refund;

   (7) the amount of the monthly child support obligation must be based upon the child support guidelines as set forth in Sections 63-17-470 and 43-5-580;

D.   Section 63-17-750 (B) and (D) of the S.C. Code is amended to read:

   (B) A copy of the consent order issued pursuant to subsection (A) and proof of service must be filed with the clerk of court of the county in which the obligor resides or, if the obligor does not reside in the State, with the clerk of court of the county in which the obligee resides. The clerk shall stamp the date of receipt of the copy of the order and shall assign the order a case number. The consent order shall have all the force, effect, and remedies of an order of the court including, but not limited to, income withholding and contempt of court. Execution may be issued on the order in the same manner and with the same effect as if it were an order of the court. No court order for judgment nor verified entry of judgment is required in order for the clerk of court and division to certify past-due amounts of child support or alimony to the Internal Revenue Service or State Department of Revenue for purposes of intercepting a federal or state tax refund, or credit bureau reporting.

   (D) The determination of the monthly child support obligation must be based on the child support guidelines as set forth in Sections 63-17-470 and 43-5-580.

E.   Section 63-17-760(C) of the S.C. Code is amended to read:

   (C) The determination of the monthly child support obligation must be based on the child support guidelines as set forth in Sections 63-17-470 and 43-5-580.

F.   Section 63-17-850 of the S.C. Code is amended to read:

   Section 63-17-850.   When necessary in the discharge of the duties of the department to establish, modify, or enforce a child support order, or enforce an alimony order, the department may issue an administrative subpoena or subpoena duces tecum to a state, county, or local agency, board or commission, or to any private entity or individual or to any representative of a state, county, or local agency, board or commission, or private entity to compel the production of documents, books, papers, correspondence, memoranda, and other records relevant to the discharge of the department's duties. The department may assess a civil fine of one hundred dollars per occurrence for failure to obey a subpoena or subpoena duces tecum issued pursuant to this section, in addition to any other remedies as permitted by law. A subpoena or subpoena duces tecum issued under this section may be enforced pursuant to Section 63-3-530.

G.   Article 5, Chapter 17, Title 63 of the S.C. Code is reentitled "Administrative Process for Establishing and Enforcing Paternity, Child Support, and Alimony."

SECTION 4.A.   Section 63-17-1010 of the S.C. Code is amended to read:

   Section 63-17-1010.   In addition to other qualifications necessary for holding a license, an individual who is under an order for child support or alimony also is subject to the provisions of this article.

B.   Section 63-17-1020 (2) and the undesignated paragraph of item (5) of the S.C. Code is amended to read:

   (2) "Compliance with an order for support" means that pursuant to an order for support the person required to pay under the order is in arrears no more than five-hundred dollars and has paid the full child support and alimony obligation for the last two consecutive months.

   "License" does not include the authority to practice law; however, the Supreme Court may consider as an additional ground for the discipline of members of the bar the wilful violation of a court order including an order for child support or alimony. The department has grounds to file a grievance with the Supreme Court if a licensed attorney is in wilful violation of a court order for child support.

C.   The undesignated paragraph of    Section 63-17-1050 of the S.C. Code before the numbered items is amended to read:

   Section 63-17-1050.   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 or the enforcement of alimony obligations including, but not limited to:

D.   Article 7, Chapter 17, Title 63 of the S.C. Code is reentitled "Child Support or Alimony Enforcement through License Revocation."

SECTION 5.   Section 63-17-1210(A) of the S.C. Code is amended to read:

   (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 efforts to locate absent parents who owe child support and collect child support from those parents by reporting information concerning newly hired and rehired employees directly to the division. Beginning January 1, 2024, the program also shall be used by the division for alimony enforcement.

SECTION 6.A.   Section 63-17-1410(7) of the S.C. Code is amended to read:

   (7) "Order for support" means any order of a court or an administrative agency of competent jurisdiction which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse, including alimony, whether temporary or final, whether incidental to a proceeding for divorce, separation, separate maintenance, paternity, guardianship, or otherwise and includes any order providing for a modification of support payment of an arrearage or reimbursement of support.

B.   Section 63-17-1510 of the S.C. Code is amended to read:

   Section 63-17-1510.   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 the intercept of unemployment insurance benefits if a delinquency occurs and the obligor's case is a Title IV-D case or an alimony case referred by the family court to the Department of Social Services for enforcement. The intercept of unemployment insurance benefits must be in accordance with Section 41-35-140.

C.   Article 11, Chapter 17, Title 63 is reentitled "Income Withholding to Enforce Child Support and Alimony".

SECTION 7.A.   Section 63-17-1810(10) of the S.C. Code is amended to read:

   (10) "Support order" means an order of a court which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final, including alimony, whether incidental to a proceeding for divorce, separation, separate maintenance, paternity, guardianship, or otherwise and includes an order providing modification of support payment of an arrearage or reimbursement of support.

B. Section 63-17-1890(A) of the S.C. Code is amended to read:

   (A) The notice to withhold shall direct payment to be made to the State Disbursement Unit for child support and to the former spouse for alimony. 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 Articles 11 and 15 to the agency or person designated in subitem (c) of item (5) of subsection (B) of Section