Section 63-17-3040. Concurrent filings for support.

SC Code § 63-17-3040 (2019) (N/A)
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(A) A tribunal of this State may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state or a foreign country only if:

(1) the petition or comparable pleading in this State is filed before the expiration of the time allowed in the other state or the foreign country for filing a responsive pleading challenging the exercise of jurisdiction by the other state or the foreign country;

(2) the contesting party timely challenges the exercise of jurisdiction in the other state or the foreign country; and

(3) if relevant, this State is the home state of the child.

(B) A tribunal of this State may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state or a foreign country if:

(1) the petition or comparable pleading in the other state or foreign country is filed before the expiration of the time allowed in this State for filing a responsive pleading challenging the exercise of jurisdiction by this State;

(2) the contesting party timely challenges the exercise of jurisdiction in this State; and

(3) if relevant, the other state or foreign country is the home state of the child.

HISTORY: 2008 Act No. 361, Section 2; 2015 Act No. 33 (S.500), Section 1, eff June 1, 2015.

Effect of Amendment

2015 Act No. 33, Section 1, inserted references to "foreign country" throughout.