South Carolina Code of Laws
Chapter 17 - Paternity And Child Support
Section 63-17-1460. Notice to withhold.

(A) Fifteen days following the mailing of the notice of the delinquency to the obligor and if no petition to stay service has been filed, the clerk of court shall serve a notice to withhold on the payor or its agent by regular mail and may record the arrearage pursuant to Section 63-17-1600.
(B) The notice to withhold shall:
(1) direct any payor to withhold at the obligor's regularly scheduled pay periods an amount which over the period of one month would constitute one month's support obligation plus applicable fees pursuant to this article and costs as provided by Section 63-3-370;
(2) direct any payor to withhold an additional amount toward any arrearage until the arrearage is paid in full; however, amounts to be withheld under this item and item (1) may not exceed the limits set forth by the Federal Consumer Credit Protection Act (15 U.S.C. Section 1673(b));
(3) direct any payor to notify the clerk if health insurance is available to the obligor for the benefit of children for whom child support is being withheld;
(4) state the rights, responsibilities, and liabilities of the payor under this article.
(C) The payor shall then deduct the designated amount pursuant to the notice to withhold beginning no later than the next regularly scheduled pay period following the pay period during which the payor was served. Payors need not change their regular payroll pattern and may combine all withheld amounts into one payment to the State Disbursement Unit with an itemized statement showing accounts attributable to each obligor for each obligee. For each instance of withholding of income, the payor is entitled to receive a fee of up to three dollars to be deducted from the income of the obligor in addition to the amounts withheld pursuant to the notice to withhold unless the fee is waived by the payor.
(D) If there is more than one notice to withhold on a single obligor, the payor must comply with the notices by withholding the amounts designated in the notices to the extent possible pursuant to the Federal Consumer Credit Protection Act (15 U.S.C. Section 1673(b)). If the payor cannot fully comply with the notices because the amounts to be withheld would exceed the limits under the Federal Consumer Credit Protection Act, the payor shall notify the court in writing as to its reasons for failing to fully comply. Priority must be given to current support obligations. In no case may the allocation result in a withholding for one of the support obligations not being implemented.
(E) The employer shall promptly pay the amount withheld to the State Disbursement Unit within seven working days of the date income is withheld, in accordance with the notice to withhold and in accordance with any notification received from the clerk of court concerning withholding. The payor shall provide the date on which the income is withheld.
(F) After the obligor's arrearage has been satisfied, the clerk of court shall serve the payor by regular mail a notice of reduction of withholding. The notice shall inform the payor of the satisfied amount and direct the payor to discontinue withholding the additional amount as prescribed in the notice.
(G) Within twenty days after the obligor is no longer employed by the payor, the payor shall return a copy of the notice to withhold to the clerk of court and shall notify the clerk of court in writing of the date the obligor's employment terminated, the date of the obligor's final paycheck, the obligor's home address, and obligor's new employer and address, if known.
(H) Withholding of income from an obligor under this article has priority over any other legal process under state law against the same wages. Payment pursuant to a notice to withhold is a complete defense by the payor against any claims of the obligor or the obligor's creditors as to the sum paid.
(I) No payor may discharge, refuse to hire, or otherwise penalize any obligor because of the duty to withhold income.
(J) The responsibility of a payor who employs an obligor to withhold support from the pay of the obligor ends when the obligor leaves the employ of the payor. If this termination of employment occurs during the middle of a pay period, the final amount required to be withheld must be proportionately reduced in the same percentage that the time worked has to the time of the full pay period.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 332, Section 4.

Editor's Note
The State Disbursement Unit is to be implemented in accordance with Section 63-17-610. See 2008 Act No. 332, Section 8 referencing this section as enacted in Chapter 7 of Title 20.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 63 - South Carolina Children's Code

Chapter 17 - Paternity And Child Support

Section 63-17-10. Purpose; definitions.

Section 63-17-20. Jurisdiction.

Section 63-17-30. Genetic tests; costs.

Section 63-17-40. Settlement and voluntary agreements.

Section 63-17-50. Verified voluntary acknowledgments.

Section 63-17-60. Admissibility of evidence.

Section 63-17-70. Court orders.

Section 63-17-310. Family Court authority to enforce orders.

Section 63-17-320. Enforcement and modification of orders.

Section 63-17-330. Temporary order for support pending paternity.

Section 63-17-340. Persons who may petition for support.

Section 63-17-350. Grandparent responsibility.

Section 63-17-360. Reconciliation efforts.

Section 63-17-370. Summons and rule to show cause.

Section 63-17-380. Hearing notices.

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

Section 63-17-390. Warrants for refusal to obey court order.

Section 63-17-400. Service of warrant.

Section 63-17-410. Form of arrest warrant.

Section 63-17-420. Out of session proceedings.

Section 63-17-430. Bond in lieu of punishment.

Section 63-17-440. Bond conditions.

Section 63-17-450. Information required in paternity and support actions.

Section 63-17-460. Medical bills as evidence of costs.

Section 63-17-470. Proceedings and awards.

Section 63-17-480. Social Security numbers.

Section 63-17-490. Employment program.

Section 63-17-500. Probation.

Section 63-17-510. Authority to revoke probation.

Section 63-17-520. Distribution of fines.

Section 63-17-610. Federal mandate for and implementation of State Disbursement Unit.

Section 63-17-620. State Disbursement Unit; operation and administration; court costs.

Section 63-17-710. Jurisdiction.

Section 63-17-720. Definitions.

Section 63-17-730. Notice of financial responsibility; order of default.

Section 63-17-740. Service of notice of financial responsibility.

Section 63-17-750. Negotiation conference; consent order; monthly support obligation.

Section 63-17-760. Failure to appear for negotiation conference.

Section 63-17-770. Order of financial responsibility; procedures.

Section 63-17-780. Objections to notice of responsibility.

Section 63-17-790. Establishment of paternity.

Section 63-17-800. Paternity testing.

Section 63-17-810. Qualified expert; admissibility of report.

Section 63-17-820. Out-of-state request to establish support.

Section 63-17-830. Modification of orders.

Section 63-17-840. Administrative change of payee.

Section 63-17-850. Issuance of subpoenas.

Section 63-17-1010. License revocation.

Section 63-17-1020. Definitions.

Section 63-17-1030. Exceptions.

Section 63-17-1040. Obtaining information.

Section 63-17-1050. Licensing entities to provide information.

Section 63-17-1060. Out-of-compliance procedures; notice.

Section 63-17-1070. Disclosure of information.

Section 63-17-1080. Social Security numbers to be provided.

Section 63-17-1090. Regulations.

Section 63-17-1210. Employer New Hire Reporting program.

Section 63-17-1410. Definitions.

Section 63-17-1420. Orders for support subject to withholding notice.

Section 63-17-1430. Petitioning the court.

Section 63-17-1440. Verified notice of delinquency.

Section 63-17-1450. Petitions to stay service.

Section 63-17-1460. Notice to withhold.

Section 63-17-1470. Termination or suspension of withholding.

Section 63-17-1480. Change of address notification.

Section 63-17-1490. Obligee's public aid status.

Section 63-17-1500. Notification upon employment.

Section 63-17-1510. Unemployment benefits notification.

Section 63-17-1520. Reporting receipt of payment toward arrearage.

Section 63-17-1530. Record of payments and disbursements.

Section 63-17-1540. Forms.

Section 63-17-1550. Payor's wilful failure to withhold.

Section 63-17-1560. False proceedings; contempt.

Section 63-17-1570. Additional rights and remedies.

Section 63-17-1580. Centralized system of withholding.

Section 63-17-1590. Authority to promulgate regulations.

Section 63-17-1600. Recording arrearages.

Section 63-17-1810. Definitions.

Section 63-17-1820. Supplemental remedy.

Section 63-17-1830. Order to withhold income out-of-state.

Section 63-17-1840. Out-of-state order on in-state obligor.

Section 63-17-1850. Notice of delinquency.

Section 63-17-1860. Hearing.

Section 63-17-1870. Order.

Section 63-17-1880. Income withholding; applicability to out-of-state order.

Section 63-17-1890. Receipt of payments by State Disbursement Unit; effect of support order.

Section 63-17-1900. Amendment of withholding order.

Section 63-17-1910. Voluntary income withholding.

Section 63-17-1920. Applicability of state law; foreign law.

Section 63-17-2110. Contents of order.

Section 63-17-2120. Duties of employer or health insurer.

Section 63-17-2130. Notice of order to employer.

Section 63-17-2140. Withholding by employer.

Section 63-17-2150. Proof of compliance.

Section 63-17-2160. Priority of order.

Section 63-17-2170. Withholding to reimburse medical expenses.

Section 63-17-2180. Employer prohibited actions against employee.

Section 63-17-2190. Penalties.

Section 63-17-2310. Clerk of court authority to attempt to locate and right to obtain information from organizations.

Section 63-17-2320. Information from financial institutions.

Section 63-17-2330. Immunity from liability.

Section 63-17-2510. Reporting to credit reporting agencies.

Section 63-17-2710. Child support arrearage liens.

Section 63-17-2720. Written notice to obligor; administrative review.

Section 63-17-2730. Notice of a lien, filing, expiration.

Section 63-17-2740. Levy upon property; refusal to surrender; discharge of obligation.

Section 63-17-2750. Written notice of perfecting a lien, executing levy, or seizing property.

Section 63-17-2760. Judicial review.

Section 63-17-2770. Full faith and credit.

Section 63-17-2780. Authorization to promulgate regulations.

Section 63-17-2900. Short title.

Section 63-17-2910. Definitions.

Section 63-17-2920. Tribunals.

Section 63-17-2930. Remedies cumulative.

Section 63-17-2940. Application to Resident of Foreign Country and Foreign Support Proceeding.

Section 63-17-3010. Personal jurisdiction of nonresident.

Section 63-17-3020. Continuing, exclusive jurisdiction.

Section 63-17-3030. Initiating or responding tribunals.

Section 63-17-3040. Concurrent filings for support.

Section 63-17-3050. Continuing, exclusive jurisdiction to modify order.

Section 63-17-3060. Tribunal to enforce or modify.

Section 63-17-3070. Multiple tribunals.

Section 63-17-3080. Multiple registrations of orders.

Section 63-17-3090. Credit for out-of-state collections.

Section 63-17-3100. Evidence from another state.

Section 63-17-3110. Continuing jurisdiction for spousal support.

Section 63-17-3210. Applicability of law.

Section 63-17-3220. Initiating proceeding.

Section 63-17-3230. Governing law determination.

Section 63-17-3240. Forwarding of petition.

Section 63-17-3250. Responding tribunal powers and duties.

Section 63-17-3260. Inappropriate tribunal to forward petition.

Section 63-17-3270. Duties of support enforcement agency.

Section 63-17-3280. Duty to provide services.

Section 63-17-3290. Private counsel.

Section 63-17-3300. Department of Social Services as state information agency.

Section 63-17-3310. Petition contents.

Section 63-17-3320. Sealing petition.

Section 63-17-3330. Fees and costs.

Section 63-17-3340. Immunity of petitioner.

Section 63-17-3350. Nonparentage defense.

Section 63-17-3360. Nonresident party proceedings.

Section 63-17-3370. Communication with other tribunals.

Section 63-17-3380. Discovery powers of tribunal.

Section 63-17-3390. Disbursement of payments.

Section 63-17-3410. Issuance of order.

Section 63-17-3420. Proceeding to determine parentage.

Section 63-17-3510. Mailing order to employer.

Section 63-17-3520. Employer duties.

Section 63-17-3530. Multiple income-withholding orders.

Section 63-17-3540. Immunity.

Section 63-17-3550. Failure to comply.

Section 63-17-3560. Contesting withholding order.

Section 63-17-3570. Enforcement of orders.

Section 63-17-3610. Registration of out-of-state order.

Section 63-17-3620. Registration procedures.

Section 63-17-3630. Filing order.

Section 63-17-3640. Applicable law.

Section 63-17-3710. Notification of registration.

Section 63-17-3720. Contesting validity of order.

Section 63-17-3730. Defenses; burden of proof.

Section 63-17-3740. Confirmation.

Section 63-17-3810. Registration to modify.

Section 63-17-3820. Prerequisites to modification.

Section 63-17-3830. Conditions for modification.

Section 63-17-3840. Enforcement of modified order.

Section 63-17-3850. Enforcement of modification with in-state parties.

Section 63-17-3860. Filing order.

Section 63-17-3870. Modification with no consent filed.

Section 63-17-3880. Procedure to register child-support order of foreign country for modification.

Section 63-17-3910. Definitions.

Section 63-17-3915. Applicability of part.

Section 63-17-3920. Designated agency.

Section 63-17-3925. Support proceeding.

Section 63-17-3930. Direct request.

Section 63-17-3935. Registration of convention support order.

Section 63-17-3940. Contest of registered convention support order.

Section 63-17-3945. Recognition and enforcement of registered convention support order.

Section 63-17-3950. Partial enforcement.

Section 63-17-3955. Foreign support agreement.

Section 63-17-3960. Modification of convention child-support order.

Section 63-17-3965. Personal information.

Section 63-17-3970. Records in original language; English translation.

Section 63-17-4010. Extradition.

Section 63-17-4020. Prerequisites to compliance with extradition.

Section 63-17-4030. Construction of law.

Section 63-17-4035. Applicability of article.

Section 63-17-4040. Severability.