How do you Register and Modify an Out of State Child Support Order

How do you Register and Modify an Out of State Child Support Order

Posted By Hall & Hall Attorneys at Law || 28-Oct-2014

How do you Register and Modify an Out of State Child Support Order?

A party can enforce a support order or an income withholding order in a state other than the state that issued the order. Once registered, an out-of-state order has the same effect as an order of the non-supporting parent's home state, and it can be enforced in the same manner. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. S.C. Code Ann. § 63-17-3810.

A Family Court in South Carolina may enforce a child-support order of another state, registered for the purposes of modification, in the same manner as if the order had been issued by a South Carolina Family Court. S.C. Code Ann. § 63-17-3810. A Family Court in South Carolina may modify a child‑support order issued in another state which is registered in South Carolina if, after notice and hearing, the Court finds that the following requirements are met:

(a) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;

(b) a petitioner who is a nonresident of this State seeks modification; and

(c) the respondent is subject to the personal jurisdiction of the Family Court in South Carolina; or

See, S.C. Code Ann. § 63-17-3830(A)(1)(a)-(c).

South Carolina is the state of residence of the child, or a party who is an individual is subject to the personal jurisdiction of the tribunal of South Carolina, and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal in South Carolina to modify the support order and assume continuing, exclusive jurisdiction. S.C. Code Ann. § 63-17-3830(A)(2)

Modification of a registered child‑support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a Family Court in South Carolina and the order may be enforced and satisfied in the same manner. S.C. Code Ann. § 63-17-3830(B).

Except as otherwise provided in Section 63‑17‑3870, a Family Court of South Carolina may not modify any aspect of a child‑support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child‑support orders for the same obligor and same child, the order that controls and must be so recognized under Section 63‑17‑3070 establishes the aspects of the support order which are non-modifiable. S.C. Code Ann. § 63-17-3830(C).

In a proceeding to modify a child‑support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor's fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of South Carolina. S.C. Code Ann. § 63-17-3830(D).

On the issuance of an order by a Family Court of South Carolina modifying a child‑support order issued in another state, the tribunal of South Carolina becomes the tribunal having continuing, exclusive jurisdiction. S.C. Code Ann. § 63-17-3830(E).

If a foreign country or political subdivision that is a state will not or may not modify its order pursuant to its laws, a tribunal of South Carolina may assume jurisdiction to modify the child‑support order and bind all individuals subject to the personal jurisdiction of the tribunal whether or not the consent to modification of a child‑support order otherwise required of the individual, pursuant to Section 63‑17‑3830, has been given or whether the individual seeking modification is a resident of South Carolina or of the foreign country or political subdivision. S.C. Code Ann. § 63-17-3870(A). An order issued pursuant to this section is the controlling order. S.C. Code Ann. § 63-17-3870(B).

It is important to seek the advice of a skilled Family Court Lawyer practicing in West Columbia, Lexington, and the entire State of South Carolina. The attorneys at Hall & Hall Attorneys at Law will aggressively represent you in your Family Court action seeking divorce, alimony, separate maintenance and support, and modification of child custody, visitation and child support. Our attorneys will analyze your case, advise you, prepare your pleadings, file your action and assist you in obtaining a final resolution to your matter. Do not hesitate to contact our office at 803-791-3196, to discuss your matter and let us assist you.

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