South Carolina Code 63-17-1830. Order to withhold income out-of-state
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In South Carolina Code 63-17-1830
- 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: (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.
- 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
- 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
- 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
On behalf of any obligee for whom the clerk of court is already providing services, or on application of a resident of this State, an obligee or obligor of a support order issued by this State, or an agency to whom the obligee has assigned support rights, the clerk of court shall promptly request the agency of another jurisdiction in which the obligor of a support order derives income to enter the order for the purpose of obtaining income withholding against the income. The clerk of court shall compile and transmit promptly to the agency of the other jurisdiction all documentation required to enter a support order for this purpose. The clerk of court also shall transmit immediately to the agency of the other jurisdiction a certified copy of any subsequent modifications of the support order. If the clerk of court receives notice that the obligor is contesting income withholding in another jurisdiction, it shall immediately notify the individual obligee of the date, time, and place of the hearings and of the obligee’s right to attend.