South Carolina General Assembly

118th Session, 2009-2010

S.1381

STATUS INFORMATION

Joint Resolution

Sponsors: Judiciary Committee

Document Path: l:\council\bills\dbs\31004ac10.docx

Introduced in the Senate on April 21, 2010

Introduced in the House on April 28, 2010

Currently residing in the House Committee on Judiciary

Summary: Child Support Guidelines

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

4/21/2010SenateIntroduced, read first time, placed on calendar without reference SJ4

4/22/2010SenateRead second time SJ22

4/27/2010SenateRead third time and sent to House SJ19

4/28/2010HouseIntroduced and read first time HJ17

4/28/2010HouseReferred to Committee on JudiciaryHJ18

VERSIONS OF THIS BILL

4/21/2010

4/21/2010-A

INTRODUCED

April 21, 2010

S.1381

Introduced by Judiciary Committee

S. Printed 4/21/10--S.

Read the first time April 21, 2010.

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AJOINT RESOLUTION

TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 4109, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.The regulations of the Department of Social Services, relating to Child Support Guidelines, designated as Regulation Document Number 4109, and submitted to the General Assembly pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code, are disapproved.

SECTION2.This joint resolution takes effect upon approval by the Governor.

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SUMMARY AS SUBMITTED

BY PROMULGATING AGENCY.

This regulation amends and modifies current Regulation 114, Chapters 4710 through 4750, which pertain to the South Carolina Child Support Guidelines. The Department of Social Services is required to perform a quadrennial review of the Child Support Guidelines, which are used to calculate the appropriate amount of child support to be paid and to review and adjust existing orders for support. The following proposed regulation is the product of the most recent Guidelines Review Committee, which included representatives from the Department of Social Services, members of the private bar, advocates for both primary residential parents and the parents with a legal duty to pay support, and representatives from the Legislature and Court Administration.

Issues covered in this revision include the update of the support tables and charts themselves, deviation from the guidelines, periodic review, and an enhancement of the language concerning medical support. The latter two issues were prompted by the passage of the Deficit Reduction Act of 2005 and the revisions of the medical support provisions to the Federal Code, contained in 45 CFR §303.31(a)(1).

The Notice of Drafting was published in the State Register on August 28, 2009.

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