(A) Except as otherwise provided in subsections (C) and (D), a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State. (B) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by: (1) a complete text of the foreign support agreement; and (2) a record stating that the foreign support agreement is enforceable as an order of support in the issuing country. (C) A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy. (D) In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds: (1) recognition and enforcement of the agreement is manifestly incompatible with public policy; (2) the agreement was obtained by fraud or falsification; (3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state, or a foreign country if the support order is entitled to n; (3) the agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state, or a foreign country if the support order is entitled to recognition and enforcement under this article in this State; or (4) the record submitted under subsection (B) lacks authenticity or integrity. (E) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country. HISTORY: 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.
South Carolina Legal Code