2019 South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Chapter 17 - Paternity And Child Support
Section 63-17-3640. Applicable law.

(A) Except as otherwise provided in subsection (D), the law of the issuing state or a foreign country governs:

(1) the nature, extent, amount, and duration of current payments under a registered support order;

(2) the computation and payment of arrearages and accrual of interest on the arrearages under the support order; and

(3) the existence and satisfaction of other obligations under the support order.

(B) In a proceeding for arrears under a registered support order, the statute of limitation of this State or of the issuing state or a foreign country, whichever is longer, applies.

(C) A responding tribunal of this State shall apply the procedures and remedies of this State to enforce current support and collect arrears and interest due on a support order of another state or a foreign country registered in this State.

(D) After a tribunal of this State or another state determines which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this State shall prospectively apply the law of the state or foreign country issuing the controlling order, including its law on interest on arrears, on current and future support, and on consolidated arrears.

HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.

Effect of Amendment

2015 Act No. 33, Section 1, inserted reference to "foreign country" throughout, and in (D), inserted "State" before "or another jurisdiction".

Subpart 2

Contest of Validity or Enforcement

DERIVATION TABLE

Showing the sections in former Chapter 7, Title 20 from which the sections in this subpart were derived.

New

Section Former

Section 63-17-3710 20-7-1140 63-17-3720 20-7-1142 63-17-3730 20-7-1144 63-17-3740 20-7-1146