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Thursday, June 09, 2005

 
STATE ASSISTANCE WITH VISITATION IN SOUTH CAROLINA

If a person obligated to pay child support in South Carolina is behind in that obligation, then The Child Support Enforcement Division (CSED) will assist the (usually) custodial parent in collecting the arrearage. That assistance may include bringing the full power of the State to bear on the obligor parent in the form of prosecuting a charge of Contempt.

On the other hand, the CSED does not have the authority to address custody and visitation issues on behalf of either parent. The CSED can only assist in the establishment of paternity and the establishment and enforcement of child support orders.

Study after study has demonstrated that children who receive the financial and emotional support of both parents are happier, perform better in school, and are more emotionally stable. That being the case, it would seem that the State would have an interest in assisting "non-custodial parents" in securing their visitation rights as well as their access to participate in their children's upbringing.

While dramatic reforms in this area do not appear to be on the horizon, some help in on the way. The CSED has recently initiated a pilot project called "Visitation Involvement Parenting (VIP)" in which the CSED provides mediation services for the parents to establish a plan for access and visitation so that children can have the benefit of both parents actively participating in their lives. The VIP Program also provides employment and training services for the non-custodial parent so that he/she can adequately provide financial support for the child. And the VIP Program will provide instruction to both parents on how to request help from the Family Court to enforce Visitation Orders.

At present, the VIP Program is available only in Colleton, Fairfield, Kershaw and Richland Counties. In order to be eligible for the VIP Program both parents must live in one of these counties or the non-custodial parent must live in one of these counties and the custodial parent must agree to travel to the county where the non-custodial parent lives for any classes or mediation sessions.

Those interested in the VIP Program in Colleton County should contact Mahalia Campbell, VIP Program, Colleton County, 215 S. Lemacks St., Walterboro, SC 29488, Telephone: (843) 549-1894.Those interested in the VIP Program in Fairfield, Kershaw or Richland Counties, should contact: Linda Cook, VIP Program Columbia Region II Child Support Office, PO Box 12703150 Harden Street Ext., Suite 103 Columbia, SC 29202-1270.

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Monday, June 06, 2005

 
NEW SOUTH CAROLINA PATERNITY FRAUD BLOG

Check out this site.

In an attempt to remain somewhat objective we have tried to avoid becoming too caught up in the facts of any one particular case. However, it does appear to us that Mr. Collette has been victimized by the system and that reform in the South Carolina Paternity Laws is warranted. Additionally, this case reinforces our belief that all in-Court Agreements should be on the Record, transcribed, and reduced to writing. Thereafter, the Transcripts should be made available to the parties at no cost and in a timely manner.

Friday, June 03, 2005

 
SAMPSON PLEADS NOT GUILTY TO FEDERAL CHARGES

Ralph Sampson pleaded not guilty today to federal charges of failing to pay court-ordered child support, and he is scheduled for trial Sept. 14, 2005.

The prosecution is under the criminal provision of the federal Child Support Recovery Act of 1992 (18 U.S.C. Sec. 228 -- available here), which provides: "Any person who . . . willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000 . . . ." The punishment for a first offense is up to six months in prison, and a second offense is punishable by up to two years.

We have no particular ax to grind against Mr. Sampson and sincerely hope that he can resolve this dispute amiably. Our interest in the matter continues to be in the bigger picture. If Mr. Sampson owes this money, how could the federal authorities allow such a high profile person to accrue such a large arrearage? Why can’t his pension be attached? And, if this whole episode is a mistake on the part of government prosecutors, how did they make such a mistake?

If anyone out there can answer these questions, we would like their input.

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