(A) A copy of an order of financial responsibility or a consent order issued by the division must be sent by the division by first class mail to the obligor or the obligor’s attorney of record and to the custodial parent.

(B) A consent order and an order of default shall continue notwithstanding the fact that the child is no longer receiving benefits for aid to families with dependent children, unless the child is emancipated or is otherwise no longer entitled to support as otherwise determined by law. An order of financial responsibility or order of default shall continue until modified by an administrative order or court order or by emancipation of the child.

Terms Used In South Carolina Code 63-17-770

  • Arrearage: means amounts of past-due and unpaid monthly support obligations established by court or administrative order. See South Carolina Code 63-17-720
  • Child: means a person under the age of eighteen. See South Carolina Code 63-1-40
  • Dependent: A person dependent for support upon another.
  • Division: means the Child Support Enforcement Division of the State Department of Social Services. See South Carolina Code 63-17-720
  • Duty of support: includes the duty to pay a monthly support obligation and any arrearage. See South Carolina Code 63-17-720
  • 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.
  • Obligor: means a person owing a duty of support or against whom a proceeding for the establishment or enforcement of a duty to support is commenced. See South Carolina Code 63-17-720
  • 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 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. See South Carolina Code 63-17-720
  • Parent: means biological parent, adoptive parents, step-parent, or person with legal custody. See South Carolina Code 63-1-40

(C) Nothing contained in this article deprives a court of competent jurisdiction from determining the duty of support of an obligor against whom an order is issued pursuant to this article. A determination by the court supersedes the administrative order as to support payments due subsequent to the entry of the order by the court but must not modify any arrearage which may have accrued under the administrative order.