The Law Office of Ronn Bisbee :: California Child Support Enforcement

The Law Office of Ronn Bisbee :: California Child Support Law





	The Law Office of Ronn Bisbee

Child Support
Laws By State

South Carolina State Profile

A. General/State-At-A-Glance
B. UIFSA
C. Reciprocity
D. Age of Majority
E. Statute of Limitations
F. Support Details
G. Income Withholding
H. Paternity
I. Support Order Establishment
J. Support Enforcement
K. Modification and Review/Adjustment
L. Lump Sum Payments
M. Insurance Match

A. General/State-At-A-Glance

A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)?

State Administered/State Operated.

A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)?

6 offices

A3. With what types of agencies do you have cooperative agreements?

Clerks of Court and Sheriffs

A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only?

Yes

A4.1. If yes, what is the statutory citation?

SC Code section 43.5.590(J)
For Additional Information - http://www.scstatehouse.gov/CODE/t43c005.htm

A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship?

No.

A4.3. If yes, please explain.

B. UIFSA

B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)?

07/01/1994

B2. What is the effective date of your State's UIFSA?

07/13/1994

B3. What is the statutory citation for your State's Act?

SC Code Sec. 63-17-2910
For Additional Information - http://www.scstatehouse.gov/code/t63c017.htm

B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)?

2001

B4.1. If your state has implemented the 2001 version, when was it implemented?

June 8, 2007

B5. Optional comments regarding your State's UIFSA.

C. Reciprocity

C1. With what foreign countries does your State reciprocate?

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?

C1.2. If yes, please explain.

C2. Has your State established reciprocity with any Tribal courts?

C2.1. If yes, list the Tribes and identify services provided, if less than full services.

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(17)
For Additional Information - http://www.scstatehouse.gov/CODE/t63c003.htm

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 impact what law is applied?

D4.1. If yes, please explain.

D5. Does child support end if the child leaves the household but does not emancipate?

D5.1. Optional comments regarding emancipation.

D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. 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 other wise emancipates?

D7.1. If yes, please describe the procedure.

E. Statute of Limitations

E1. What is your State's statute of limitations for collection of past due support?

None.

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.
For Additional Information - No Link Provided

E3. Is dormancy revival/renewal possible?

E3.1. Please explain the circumstances when possible, and the length of time possible.

F. Support Details

F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)?

Income shares (Last revised March 1999).
For Additional Information - No Link Provided

F2. Does your State charge interest on missed arrears?

F2.1. If yes, please indicate the amount of interest charged and any related conditions.

F3. Does your State charge interest on retroactive support?

F3.1. If yes, please indicate the amount of interest charged and any related conditions.

F4. Does your State charge interest on adjudicated arrears?

F4.1. If yes, please indicate the amount of interest charged and any related conditions.

For Additional Information - No Link Provided

F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill?

F5.1. If yes, under what circumstances?

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/fees charged to the obligee?

Genetic testing fees only.

F6.2. What costs are recovered from/fees charged to the obligor?

None.

F7. Does your State recover costs on behalf of the initiating State?

F7.1. Optional comments regarding recovering of initiating State's fees.

F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support.

S.C. Code Sec. 63-17-20
For Additional Information - http://www.scstatehouse.gov/code/t63c017.htm

F9. Does your State establish, enforce, or modify spousal maintenance orders?

Yes

F9.1. If yes, under what circumstances?

Enforcement only, if included as part of a 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, See AT 05-03)?

F10.1. Optional comments regarding required information on spouse or partner.

F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have 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 individual (but not the first $500 collected)?

Yes

F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices?

Yes

F11.3. Does your State collect the fee from the absent parent?

F11.4. Does your State pay the fee out of its own funds?

F12. When will your State implement the required 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?

F13.1. If yes, provide the date.

F14. Will your State participate in the pass through in Former Assistance cases?

F14.1. If yes, provide the date.

F15. Will your State discontinue eligible assignments under the DRA of 2005?

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. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases?

PRWORA

F17. What are your States 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.

F17.1. What are your States 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.

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.

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 $500.00 in child support has been collected and paid out.

G. Income Withholding

G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)?

Wage Withholding.

G2. What specific source of income is not subject to withholding?

None
For Additional Information - http://www.scstatehouse.gov/code/t63c017.htm

G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?

G3.1. If yes, what are those limits?

G4. What is the allowable fee per pay period for processing income withholding payments?

Up to $3.00 per withholding.
For Additional Information - No Link Provided

G5. 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.

G6. What is the date by which an employer must remit amounts withheld from an employee's pay?

Within seven (7) days of withholding.

G7. What are your State's procedures for sanctioning employers for not implementing income withholding?

Rule to Show Cause (Contempt) action in Family Court.

G8. What is the penalty to an employer for failure to remit payments withheld?

Total amount withheld.

G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines?

G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order.

G9.2. Optional comments regarding direct withholding of UI benefits across state lines.

G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines?

G10.1. Optional comments regarding direct withholding of WC benefits across State lines.

G11. How does an obligor contest income withholding in your State?

Family Court.

G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate 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.

G12.1. 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

G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed.

For Additional Information - http://www.scstatehouse.gov/code/t63c017.htm

G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes?

No.

G14. When does your state require the employer to send notice of an employee's termination?

Within twenty (20) days of employee's departure.
For Additional Information - No Link Provided

G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired?

Within twenty (20) days of employee's departure.

G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State?

The Clerks of Court charge a 5% administrative fee on top of the support order amount.

G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?

No.
For Additional Information - No Link Provided

G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer?

Employers only. Liens are the appropriate tool otherwise.
For Additional Information - No Link Provided

G19. 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 support obligation is the top priority.
For Additional Information - No Link Provided

H. Paternity

H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed?

H1.1. If yes, please explain.

H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?

95% - Rebuttable
For Additional Information - No Link Provided

H3. Optional comments regarding paternity acknowledgment conclusive legislation.

For Additional Information - No Link Provided

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.

For Additional Information - No Link Provided

H5. Does marriage constitute a rebuttable presumption of paternity?

Yes

H5.1. If yes, how is the presumption rebutted?

Family Court Proceeding.
For Additional Information - No Link Provided

H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined?

Yes

H6.1. If no, briefly explain.

For Additional Information - No Link Provided

H7. Does your State have any other paternity-related presumptions?

H7.1. If yes, briefly explain.

For Additional Information - No Link Provided

H8. Does your State have a putative fathers' registry?

H8.1. If yes, what is the name of that entity?

H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics?

Yes

H9.1. If yes, please describe any circumstances under which these fees may be waived.

None.
For Additional Information - No Link Provided

H10. Is common law marriage recognized in your State?

Yes

H10.1. If yes, briefly describe the standard that defines common law marriage.

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.
For Additional Information - No Link Provided

H10.2. When did your current common law standard go into effect?

01/1911

H10.3. 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?

H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing)

Teleconferencing

H12. Please give the statutory citation for your State's long arm statute and list any special provisions.

SC Code Sec. 63-17-20.
For Additional Information - http://www.scstatehouse.gov/code/t63c017.htm

H13. Does your State recover genetic testing costs for other States?

H13.1. If so, please explain.

H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)?

Order of Paternity.

H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity?

06/10/1997

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?

One set should be sent.

I. Support Order Establishment

I1. Does your State use an administrative, a 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 the judicial process 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.
For Additional Information - http://www.scstatehouse.net/code/statmast.htm

I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's)

CP's income is considered when calculating guidelines.
For Additional Information - No Link Provided

I3. What criteria for rebutting your presumptive guidelines have been established in your State?

Left to judicial discretion.
For Additional Information - No Link Provided

I4. Will your State establish support orders for prior periods?

I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)?

I4.2. What information or documentation does your State require to proceed?

For Additional Information - No Link Provided

I4.3. Will your State allow a petition for support when the only issue is retroactive support?

I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify.

I5. What actions can your State perform using the administrative process? 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.
For Additional Information - http://www.scstatehouse.gov/code/t63c017.htm

I6. What is your State's statutory authority for the administrative process?

SC Code Sec. 63-17-710 through 63-17-850.
For Additional Information - http://www.scstatehouse.gov/code/t63c017.htm

I7. Is there a local State law that allows an interstate administrative subpoena?

SC Code Sec. 63-17-20.
For Additional Information - No Link Provided

I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended?

No.
For Additional Information - No Link Provided

I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended?

No.

I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as 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 be ordered, should the other State request an establishment or a modification action?

Yes.

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
For Additional Information - No Link Provided

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?

J2.4. If yes, please indicate the amount.

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 a 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 includes amounts in financial institutions?

No
For Additional Information - No Link Provided

J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent?

Yes

J4.3.1 If yes, who notifies the NCP, the State or 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 dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure?

$1,000 minimum delinquency.
For Additional Information - No Link Provided

J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize?

No.

J5.3. 1. If yes, please provide the time frame.

J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize?

J5.4.1. If yes, please provide the percentage.

J5.4.2. Is the percentage different for joint accounts?

J5.4.3. If yes, please define.

J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please 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 and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action?

Thirty (30) days.
For Additional Information - No Link Provided

J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State 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 holders challenge/contest a freeze and seize action?

Incorrect obligor; incorrect arrearage amount.
For Additional Information - No Link Provided

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 are 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. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action?

J5.16.1. If yes, what is the amount?

J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)?

J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets.

For Additional Information - No Link Provided

J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period?

Yes.
For Additional Information - No Link Provided

J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency?

Ninety (90) days.
For Additional Information - No Link Provided

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. Please describe any other administrative enforcement procedures your State may have.

License revocation, passport denial.

J8. Please 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.
For Additional Information - http://www.scstatehouse.net/code/statmast.htm

J10. Which of our State's enforcement remedies are available without registration?

None.

J11. Describe your State's registration and enforcement procedures.

UIFSA transmittal and required packet.

J12. After registration, describe additional judicial procedures required, 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)?

J13.1. If yes, please provide the statutory citation.

For Additional Information - http://www.scstatehouse.net/code/statmast.htm

J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States?

Yes.

J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required).

J15. Does your State use credit bureau reporting as an enforcement method?

J16. Provide which credit bureaus your State report an obligor's child support information?

N/A

J16. Provide which credit bureaus your State report an obligor's child support information?

J17. Is the method for credit bureau reporting judicial, administrative or both?

Neither.

J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both?

Neither.

J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus?

N/A

K. Modification and Review/Adjustment

K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)?

Every 3 years.

K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)?

On request of either party; automatically in TANF cases.

K3. Briefly describe your State's modification procedure.

This is a judicial process that requires a Summons and Complaint.

K4. What are your criteria for modification (e.g., $50 or 20% from present order)?

20% from present order.

K5. Which of the following criteria for demonstrating a change in circumstances apply, if any?

K5.1. The earnings of the obligor have substantially increased or decreased.

Yes

K5.2. The earnings of the obligee have substantially increased or decreased.

Yes

K5.3. The needs of a party or the child(ren) have substantially increased or decreased.

K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed.

K5.5. The child(ren) have extraordinary medical expenses not covered by insurance.

Yes

K5.6. There has been a substantial change in child care expenses.

Yes

K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances?

None.

K6. Does your State have cost of living adjustments (COLAs)?

K6.1. If so, what index does your State use?

K7. How does your State credit SSA disability to current and past due support?

Included as income to the obligor for both current and arrearage guideline calculations.

K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc.

Yes

K8.1. If yes, please explain the situation?

This is only done at the court's discretion.

K8.2. What is the statutory citation for your abatement law?

SC 63-17-310
For Additional Information - http://www.scstatehouse.gov/code/t63c017.htm

K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

Standard UIFSA forms, per matrix.

K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.

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. What information is required to register an out-of-State order for enforcement/modification?

Standard UIFSA forms, per matrix.

L. Lump Sum Payments

L1. Does your State define a lump sum payment?

L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)?

L1.2 Provide the statutory citation.

For Additional Information - No Link Provided

L2. Does your State law require employers to report lump sum payments?

L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information.

For Additional Information - No Link Provided

L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)?

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?

L4. How are employers instructed to report a pending lump sum?

N/A

L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum.

N/A

L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent?

If using a lien/levy approach, monies are held for thirty or more days, pending notification from the Division to levy or release the funds. Sum would be remitted to the appropriate Clerk of Court.

L7. Does your State use the income withholding order to attach the lump sum payment?

L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum?

L8. Does your State use the lien/levy process to attach the lump sum payment?

Yes

L8.1 If yes, what is the name of the document your State uses to attach lump sum payment?

Notice of Freeze, Notice of Levy

L9. What other documents does your State use to attach lump sum payments?

None.

L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments?

L10.1 If yes, what are those limits?

For Additional Information - No Link Provided

L10.2 If no, what percentage is the employer required to withhold?

N/A

L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply?

Yes

L11.1 If yes, would the employer only withhold for that period's obligation?

Yes.

M. Insurance Match

M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided.

For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf

M1.1. Additional information on the CCPA.

For Additional Information - http://www.dol.gov/dol/allcfr/Title_29/Chapter_V.htm

M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support?

M2.1. If yes, provide the statutory citation

For Additional Information - No Link Provided

M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency.

Payee name, amount due the payee after medical and legal fees are paid.
For Additional Information - No Link Provided

M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant.

They have five days to respond to our Notice of Lien and up to ninety days to issue the check once the claim is settled.

M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)?

The obligor must only be one of the payees for the claim.

M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold.

The obligor must have an arrearage of at least $1,000.00.

M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant).

There are no current requirements for this.

M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied).

M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law.

For Additional Information - No Link Provided

M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law?

Yes.

M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support?

For Additional Information - No Link Provided

M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs?

Yes

M3.1. Please provide the statutory citation.

For Additional Information - No Link Provided

M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy).

Notice of Lien, Notice of Levy.

M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency?

The Child Support Enforcement Division (CSED) notifies the obligor.

M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept.

For Additional Information - No Link Provided

M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation.

Yes, the obligor has thirty days to object to the Lien.
For Additional Information - No Link Provided

M6. Are there attorney fees associated with the insurance intercept activity?

Only to the extent that we do not attempt to collect them.

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 must be completed?

South Carolina is a direct levy state. However, occasionally we run into institutions who prefer that our office at least view another state's lien. In these cases, we attach a generic cover letter advising the insurer or other financial institution that our interpretation of the lien statute requires that they honor another state's lien.

Dedicated To
Enforcing Your
Support Order.