South Carolina § 63-17-720 - Definitions.

§ 63-17-720. Definitions.

As used in this article, unless the context otherwise requires:

(1) "Arrearage" means amounts of past-due and unpaid monthly support obligations established by court or administrative order.

(2) "Costs of collections" means costs as provided for in Section 63-3-370 in addition to the monthly support obligation.

(3) "Court" or "judge" means any court or judge in this State having jurisdiction to determine the liability of persons for the support of another person.

(4) "Custodian" means a parent, relative, legal guardian, or other person or agency having physical custody of a child.

(5) "Dependent child" means a person who is legally entitled to or the subject of a support order for the provision of proper or necessary subsistence, education, medical care, or other care necessary for the person's health, guidance, or well-being who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States.

(6) "Director" means the Director of the Child Support Enforcement Division of the State Department of Social Services or the director's designees.

(7) "Division" means the Child Support Enforcement Division of the State Department of Social Services.

(8) "Duty of support" means a duty of support imposed by law, by order, decree, or judgment of a court or by administrative order, whether interlocutory or final, or whether incidental to an action for divorce, separation, separate maintenance, or otherwise. "Duty of support" includes the duty to pay a monthly support obligation and any arrearage.

(9) "Monthly support obligation" means the monthly amount of current child support that an obligor is ordered to pay by the court or by the division pursuant to this article.

(10) "Obligee" means a person or agency to whom a duty of support is owed or a person or agency having commenced a proceeding for the establishment or enforcement of an alleged duty of support.

(11) "Obligor" means a person owing a duty of support or against whom a proceeding for the establishment or enforcement of a duty to support is commenced.

(12) "Order" means an administrative order that involves the establishment of paternity and/or the establishment and enforcement of an order for child support and/or medical support issued by the Child Support Enforcement Division of the State Department of Social Services or the administrative agency of another state or comparable jurisdiction with similar authority.

(13) "Payee" means a custodial parent on whose behalf child support payments are being collected or an agency or its designee in this or another state to which an assignment of rights to child support has been made.

(14) "Receipt of notice" means either the date on which service of process of a notice of financial responsibility is actually accomplished or the date on the return receipt if service is by certified mail, both in accordance with one of the methods of service specified in Section 63-17-740.

HISTORY: 2008 Act No. 361, SECTION 2.