Free FAQ ­ Designation - South Carolina


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Date: April 27, 2006
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State: South Carolina
Category: Court Forms - State
Author: Julie Coles
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URL

http://www.judicial.state.sc.us/forms/pdf/SCCA429.pdf

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FAQ ­ DESIGNATION

1.

What is designation? Designation is a federal requirement that a non-custodial parent (NCP) specifies that a portion of his/her payment is to satisfy court fees. This can be accomplished by the non-custodial parent signing a form (SCCA 429) stating that a court fee should be taken out of each payment made. Without designation, collections received are presumed to be child support and fees cannot be deducted until monthly current support and arrearage obligations are satisfied.

2.

When does it go into effect? Designation will go into effect upon implementation of the statewide Child Support System (CSES).

3.

Does the NCP have to sign a separate form each time a payment is made? No, the NCP only has to sign a designation form one time for each of his/her cases.

4.

Does the NCP have to sign a separate form for each child support case? Yes, the NCP must sign a separate designation form for each of his/her child support cases.

5.

What happens if the NCP refuses to sign the form? Refusal to sign the form will be documented on the current child support system. If all ordered child support and court fees are not paid as ordered a Rule to Show Cause will be issued.

______________________________________, Petitioner

vs.

______________________________________, Obligor

) ) ) ) ) ) ) ) ) ) )

IN THE FAMILY COURT OF THE ______________ JUDICIAL CIRCUIT COUNTY OF ______________________

DESIGNATION: PAYMENT OF COURT COSTS

Docket No.: ___ -DR- ___ - __________

I acknowledge that South Carolina Code Section 20-7-1440 requires that I pay and the Family Court has ordered that I pay court costs in an amount equal to five percent of any support payment made through the Clerk of Court or the centralized wage withholding system. I owe and will pay these costs in addition to my support obligation. To meet my duty to pay court costs, I designate an amount equal to five percent of the support payment I make to be applied and distributed in payment of court costs, not support. I authorize the Clerk of Court or, if payments are withheld from my income, the centralized wage withholding system to deduct the fee from every payment made by me or on my behalf. I acknowledge that should I not pay the full amount due, that an arrearage will accrue and that the Clerk of Court may take enforcement action against me for failure to pay all amounts ordered by the Court. If an amendment to the law changes the amount of court costs, this designation authorizes deduction of court costs in the amount established by law.

Done, this ___________ day of _______________, 20____, at ___________________________,
(City)

____________________________.
(State)

____________________________________________ Signature of Obligor

____________________________________________ Printed Name of Obligor

IV-D Case ID: ___________________________

SCCA 429 (11/05)