South Carolina Code 63-17-730. Notice of financial responsibility; order of default
(1) the obligor is required to appear at the time and location indicated in the notice for a negotiation conference to determine the obligor’s duty of support;
Terms Used In South Carolina Code 63-17-730
- 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
- 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.
- Costs of collections: means costs as provided for in § 63-3-370 in addition to the monthly support obligation. See South Carolina Code 63-17-720
- Custodian: means a parent, relative, legal guardian, or other person or agency having physical custody of a child. See South Carolina Code 63-17-720
- Dependent: A person dependent for support upon another.
- Dependent child: means a person who is legally entitled to or the subject of a support order for the provision of proper or necessary subsistence, education, medical care, or other care necessary for the person's health, guidance, or well-being who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States. See South Carolina Code 63-17-720
- Director: means the Director of the Child Support Enforcement Division of the State Department of Social Services or the director's designees. See South Carolina Code 63-17-720
- 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
- Monthly support obligation: means the monthly amount of current child support that an obligor is ordered to pay by the court or by the division pursuant to this article. See South Carolina Code 63-17-720
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Obligee: means a person or agency to whom a duty of support is owed or a person or agency having commenced a proceeding for the establishment or enforcement of an alleged duty of support. See South Carolina Code 63-17-720
- 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
- Subpoena: A command to a witness to appear and give testimony.
(2) the division may issue an order of default setting forth the amount of the obligor’s duty of support, if the obligor:
(a) fails to appear for the negotiation conference as scheduled in the notice;
(b) fails to reschedule a negotiation conference before the date and time stated in the notice or within thirty days of service of the notice of financial responsibility, whichever is later; or
(c) fails to send the division a written request for a court hearing before the time scheduled for the negotiation conference or within thirty days of service of the notice of financial responsibility, whichever is later;
(3) the obligor may request a court hearing within thirty days after the receipt of the notice of financial responsibility pursuant to § 63-17-780;
(4) the order of default 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; that as soon as the order of the default is filed, it shall have all the force, effect, and remedies of an order of the court including, but not limited to, income withholding or contempt of court; and that 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;
(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 to the Internal Revenue Service or Department of Revenue for purposes of intercepting a federal or state tax refund;
(6) the name of the custodian of the child on whose behalf support is being sought and the name and birth date of the child;
(7) the amount of the monthly support obligation must be based upon the child support guidelines as set forth in §§ 63-17-470 and 43-5-580;
(8) the division may issue an administrative subpoena to obtain income information from the obligor;
(9) the amount of any arrearage which has accrued under an administrative or court order from support;
(10) the costs of collections may be assessed against and collected from the obligor;
(11) the obligor may assert the following objections in the negotiation conference and that, if the objections are not resolved, the division shall schedule a court hearing pursuant to § 63-17-750(C):
(a) that the dependent child has been adopted by a person other than the obligor;
(b) that the dependent child is emancipated; or
(c) that there is an existing court or administrative order for support as to the monthly support obligation;
(12) the duty to provide medical support must be established under this article in accordance with the state child support guidelines;
(13) an order issued pursuant to this article or an existing order of a court also may be modified under this article in accordance with the Uniform Interstate Family Support Act;
(14) the obligor is responsible for notifying the division of any change of address or employment within ten days of the change;
(15) if the obligor has any questions, the obligor should telephone or visit the division;
(16) the obligor has the right to consult an attorney and the right to be represented by an attorney at the negotiation conference;
(17) other information as set forth in regulations promulgated pursuant to the Administrative Procedures Act.