2005-2006 Bill 616: Alimony and Spousal Support - South Carolina Legislature Online

South Carolina General Assembly

116th Session, 2005-2006

S. 616

STATUS INFORMATION

General Bill

Sponsors: Senators Knotts, Grooms, Williams, McConnell, Mescher, Matthews, Scott and Fair

Document Path: l:\council\bills\gjk\20318sd05.doc

Introduced in the Senate on March 10, 2005

Introduced in the House on March 21, 2006

Last Amended on March 15, 2006

Currently residing in the House Committee on Judiciary

Summary: Alimony and spousal support

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

3/10/2005SenateIntroduced and read first time SJ7

3/10/2005SenateReferred to Committee on JudiciarySJ7

3/16/2005SenateReferred to Subcommittee: Ritchie (ch), Rankin, Lourie, Scott

4/13/2005SenateCommittee report: Favorable with amendment JudiciarySJ18

3/15/2006SenateAmended SJ25

3/15/2006SenateRead second time SJ25

3/16/2006SenateRead third time and sent to House SJ9

3/16/2006Scrivener's error corrected

3/21/2006HouseIntroduced and read first time HJ6

3/21/2006HouseReferred to Committee on JudiciaryHJ6

VERSIONS OF THIS BILL

3/10/2005

4/13/2005

3/15/2006

3/16/2006

COMMITTEE AMENDMENT AMENDED, ADOPTED AND AMENDED

March 15, 2006

S.616

Introduced by Senators Knotts, Grooms, Williams, McConnell, Mescher, Matthews, Scott and Fair

S. Printed 3/15/06--S.[SEC 3/16/06 4:25 PM]

Read the first time March 10, 2005.

[616-1]

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 203155 SO AS TO PROVIDE THAT FOR PURPOSES OF PROVISIONS OF LAW REQUIRING THE CESSATION OF ALIMONY AND SPOUSAL SUPPORT UPON THE REMARRIAGE OF THE SUPPORTED SPOUSE, A REMARRIAGE OF THE SUPPORTED SPOUSE WHICH IS LATER ANNULLED BY A COURT OF COMPETENT JURISDICTION EITHER BEFORE OR AFTER A NINETY-DAY PERIOD OF CONTINUED COHABITATION SHALL CAUSE THE CESSATION OF ALIMONY OR SPOUSAL SUPPORT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.Chapter 3, Title 20 of the 1976 Code is amended by adding:

“Section 20-3-155.For purposes of Section 20-3-150 and other provisions of law requiring the cessation of alimony or spousal support upon the remarriage of the supported spouse, a remarriage of the supported spouse which is later annulled by a court of competent jurisdiction shall cause the cessation of alimony or spousal support. The parties to a divorce or separation agreement may enter into a consent order to permit continued support contrary to the provisions of this section. A person may petition a court of competent jurisdiction for relief from an order to pay alimony or spousal support pursuant to the provisions of this section if the order from which the person seeks relief is an order reinstating alimony or spousal support to a former spouse whose remarriage was later annulled by a court of competent jurisdiction.”

SECTION2.If any section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, items, subitems, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION3.This act takes effect upon approval by the Governor.

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