South Carolina Code 63-17-1840. Out-of-state order on in-state obligor
(B) The following documentation is required for the entry of a support order of another jurisdiction:
Terms Used In South Carolina Code 63-17-1840
- Agency: means the clerk of court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders. See South Carolina Code 63-17-1810
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Court: means the family court of this State and, when the context requires, means either the court or agency of any other jurisdiction with functions similar to those defined in this chapter, including the issuance and enforcement of support orders. See South Carolina Code 63-17-1810
- Income: means any form of payment to an individual as defined in § 63-17-1410. See South Carolina Code 63-17-1810
- Jurisdiction: means any state or political subdivision, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. See South Carolina Code 63-17-1810
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligee: means any person or entity which is entitled to receive support under an order of support and includes an agency of another jurisdiction to which a person has assigned his right to support. See South Carolina Code 63-17-1810
- Obligor: means any person required to make payments under the term of a support order for a child, spouse, or former spouse. See South Carolina Code 63-17-1810
- Statute: A law passed by a legislature.
- 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, 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. See South Carolina Code 63-17-1810
(1) a certified copy of the support order with all modifications;
(2) a certified copy of an income withholding order, if any, still in effect;
(3) a copy of the portion of the income withholding statute of the jurisdiction which issued the support order which states the requirements for obtaining income withholding under the law of that jurisdiction;
(4) a sworn statement of the obligee or certified statement of the agency of the arrearages and the assignment of support rights, if any;
(5) a statement of:
(a) the name, address, and social security number of the obligor, if known;
(b) the name and address of the obligor’s employer or of any other source of income of the obligor derived in this State against which income withholding is sought;
(c) the name and address of the agency or person to whom support payments collected by income withholding must be transmitted.
(C) If the documentation received by the clerk of court under subsection (A) of this section does not conform to the requirements of subsection (B) of this section, the clerk of court shall remedy any defect which it can without the assistance of the requesting agency or person. If the clerk of court is unable to make such corrections, the requesting agency, or person, shall immediately be notified of the necessary additions or corrections. The clerk of court shall accept the documentation required by subsections (A) and (B) of this section even if it is not in the usual form required by state or local rules, so long as the substantive requirements of these subsections are met.
(D) A support order entered under subsection (A) of this section is enforceable by income withholding against income derived in this State in the manner and with the effect as set forth in §§ 63-17-1850 through 63-17-1920 and in Article 11. Entry of the order does not confer jurisdiction on the courts of this State for any purpose other than income withholding.