(A) An obligor who has been served with a notice of financial responsibility pursuant to § 63-17-740 and who does not request a hearing pursuant to § 63-17-780 shall appear at the time and location stated in the notice for a negotiation conference or shall reschedule a negotiation conference before the date and time stated in the notice. The negotiation conference must be scheduled not more than ninety days after the date of the issuance of the notice of financial responsibility. A negotiation conference may not be rescheduled more than once without good cause as defined in regulations promulgated pursuant to the Administrative Procedures Act. If a stipulation is agreed upon at the negotiation conference as to the obligor’s duty of support, the division shall issue a consent order setting forth:

(1) the amount of the monthly support obligation and instructions on the manner in which it must be paid;

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Terms Used In South Carolina Code 63-17-750

  • 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.
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • 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
  • 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

(2) the amount of arrearage due and owing and instructions on the manner in which it must be paid;

(3) the name of the custodian of the child and the name and birth date of the child for whom support is being sought;

(4) other information as set forth in regulations promulgated pursuant to § 63-17-730(17).

(B) A copy of the consent order issued pursuant to subsection (A) and proof of service 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. The clerk shall stamp the date of receipt of the copy of the order and shall assign the order a case number. The consent order shall have all the force, effect, and remedies of an order of the court including, but not limited to, income withholding and contempt of court. 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. No court order for judgment nor verified entry of judgment is required in order for the clerk of court and division to certify past-due amounts of child support to the Internal Revenue Service or State Department of Revenue for purposes of intercepting a federal or state tax refund, or credit bureau reporting.

(C) If no stipulation is agreed upon at the negotiation conference, the division shall file the notice of financial responsibility and proof of service 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, and the matter must be set for a hearing in accordance with § 63-17-780.

(D) The determination of the monthly support obligation must be based on the child support guidelines as set forth in §§ 63-17-470 and 43-5-580.

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