§ 63-17-385 — Failure to pay court-ordered child support other than periodic child support payments; affidavit; hearing; costs and attorney's fees.

South Carolina § 63-17-385

• Jurisdiction: South Carolina
• Title 63: SOUTH CAROLINA CHILDREN'S CODE
• Ch. 17: PATERNITY AND CHILD SUPPORT

Text

(A) Where a court order requires a parent to provide monetary support for a child in the form of payment of health, medical, educational, or other expenses, excluding periodic child support payments, and the parent fails to do so, the other parent or the child's custodial guardian may petition the court for relief using an authorized affidavit and supporting documents setting forth the existence of the expense and the failure of the parent to pay the required support. (1) Within sixty days of approval of this act by the Governor, Court Administration shall prepare the authorized affidavit form and make it available to petitioners seeking relief under the provisions of this section. The authorized affidavit form must contain the following information: (a) the names and addresses of the petitioner and the parent alleged to have failed to make the support payment; (b) the amount and nature of the support payment the parent allegedly failed to make; (c) the date and manner in which the petitioner notified the alleged nonpaying parent and requested payment; (d) the response, if any, of the alleged nonpaying parent upon receiving the petitioner's request for payment; and (e) if the matter relates to an expense covered by an insurance policy, whether an insurance claim has been filed, and, if so, the insurance carrier's response. (2) The authorized affidavit may be accompanied by the following documents: (a) a copy of the court order requiring the parent to provide monetary support for a child excluding periodic payments of funds for support; (b) a copy of any bill, invoice, or other written document, substantiating the expense the petitioner claims the parent is required to pay; (c) a copy of any written request for payment of the support by the petitioner to the alleged nonpaying parent; (d) a copy of any written reply from the alleged nonpaying parent to the parent responding to the petitioner's request for payment; (e) if the matter relates to an expense covered by an insurance policy, a copy of all correspondence to and from the insurance carrier pertaining to payment of the claim; (f) proof that the petitioner has satisfied that portion of the expense he is required to pay pursuant to the court order; and (g) the current mailing address of the alleged nonpaying parent. (3) Upon receipt of a petition accompanied by an authorized affidavit, the court shall issue a rule to show cause to the alleged nonpaying parent for nonpayment of the required support. The parent must be served in accordance with the South Carolina Rules of Civil Procedure. The court also shall provide notice of the hearing to the petitioner. (B)(1) At the hearing on the rule to show cause, once the petitioner has established his claim, the burden is on the alleged nonpaying parent to establish a defense. (2) The alleged nonpaying parent may assert any defense allowed by law. (3) The petitioner must be present at the hearing and may be called upon to testify. (C) If the family court determines that the claims or defenses of either party are frivolous, or that either party knowingly or intentionally made or filed a false authorized affidavit, or knowingly or intentionally submitted false documents in support of a claim or defense, the court may award to either party attorney's fees and other litigation costs reasonably incurred in the prosecution or defense of the petition.

Legislative History

HISTORY: 2010 Act No. 154, SECTION 1, eff August 10, 2010.