Enforcement Flashcards
Central Depository
Enforcement
Central depository : The court may order alimony and support payments to be made into a central depository.
Insurance and Other Security
Insurance and other security : The court has the authority to require a payor to maintain life insurance as security to guarantee payment of child support.
The court has the authority to require a payor to maintain security as a guarantee of payment of alimony. (There is no longer a requirement of a showing of a compelling reason before life insurance may be ordered to secure an alimony award. Wooten v. Wooten.) No devices other than life insurance are permitted to secure payment of periodic alimony beyond the payor’s death.
Compliance
Compliance : Where the trial court ordered the father to buy life insurance and name the child as the beneficiary, but he instead named the new wife and children in the will and subsequently died, the court upheld the trial court’s order after his death, making the child the sole beneficiary.
Income Deduction
Income deduction : If a party defaults on alimony or support payments, the family court can issue an income deduction order to that party’s employer.
Criminal Prosecution
Criminal prosecution : Nonsupport of a spouse or child is a criminal offense, but the court more often uses its contempt power (resulting in jail and fines) as an enforcement tool.
Contempt
Contempt : An obligor who defaults on alimony or child support may be held in contempt, and that person may be:
(1) fined not less than $300 and not more than $1500,
(2) sentenced to up to 300 hours of public service,
(3) jailed for a period not to exceed one year
(4) placed on probation and given a suspended jail sentence.
UIFSA Witholding
UIFSA : UIFSA is an interstate compact of uniform provisions in force in all 50 states. Under UIFSA, a person owed a duty may pursue an action in SC for that support against an out-of-state obligor. An action to enforce duty must be brought in the family court and is initiated by filing a motion. Participation in UIFSA proceedings does not confer jurisdiction on any court for the purposes of any other action. The law of the state in which the obligor resides the law that applies. UIFSA allows parents who move to SC to register an out-of-state support order so that it may be enforced here. The registered order can only be modified here if
(1) neither the obligee nor the obligor reside in the issuing state and the defendant is subject to SC jurisdiction, OR
(2) there is personal jurisdiction, and the parties have agreed to let SC family court modify.
Health Insurance
Health Insurance : Employers must notify the clerk of court if health insurance is available for a child subject to a child support order.
Withholding Wages
Family court has the power to order withholding of wages for payment of health insurance for children who are subject of child support orders.
Illegitimate Children
Every reasonable presumption will be made in favor of legitimacy. A party alleging illegitimacy must overcome this presumption by clear and convincing evidence.
Who is legitimate :
(1) child of a valid marriage
(2) child of a voidable marriage
(3) child born after the dissolution of a marriage (within the
gestation period following dissolution or death)
Who is illegitimate:
(1) child of a void marriage
(2) child born out of wedlock—such a child may be legitimized if the parents marry.
Paternity
Voluntary acknowledgment of paternity creates a rebuttable presumption of paternity.
Paternity established by judicial proceedings
Permissible parties : The following parties may bring an action to determine the paternity of a child when it has not been otherwise established:
(1) any woman who is pregnant or has a child
(2) any man who has reason to believe he is the father of a child
(3) any child
(4) any person in whose care a child has been placed
(5) any authorized agency
Venue : Paternity proceedings are in the family court in the country in which the child or putative father resides.
Genetic testing : Genetic tests may be used as evidence of paternity, or lack of paternity, but must be weighed along with other evidence.
Final orders : Once paternity is established, a duty of support attaches.
The court may order either or both parents to contribute to the support of the child.
Enforcement : These support orders are subject to the same enforcement mechanisms that are available for alimony and support orders in general.
Artificial Insemination
Artificial insemination : A child born as a product of artificial insemination is irrebuttably presumed to be legitimate, provided that both husband and wife have consented to insemination. Once the husband consents to artificial insemination, the duty of support may be judicially enforced.
Statute of limitations : There is, apparently no time limitation on the right to bring an action to determine paternity.
