Thursday, April 27, 2006
CHARLESTON SUED OVER FEES ADDED TO TICKETS
It was bound to happen. We now anticipate that Charleston County will soon get sued for charging 5% as an administrative fee on collection of child support even though many folks have Orders only requiring payment of 3%. And watch out Sheriff Nash in Dorchester County.
Comments:
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On your recent entry concerning the 5% fee that is assessed - it ain't no Charleston County doing. (we, too have an order that specifies 3%)
This was done be our esteemed legislature in 2002. They are just too wonderful, aren't they? And aren't they wonderful in telling the payor what he/she agrees to, when the payor has no choice but to pay the excessive fee.
Haven't researched the 2002 legislation, but the end result is now contained in 20-7-1440 (C)quoted below:
(C) In actions for support for the spouse or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly, the court shall assess costs against the party required to pay the support in the amount of five percent of the support paid, which costs must be in addition to the support money paid. The revenue from the costs must be remitted as provided in Section 14-1-203.
By making the additional five percent payment on child support required by this subsection to the court or through the centralized wage withholding system operated by the Department of Social Services, the payor agrees:
(1) that this payment is in satisfaction of court costs assessed;
(2) that this payment is not child support under 45 CFR 302.51 but is in addition to all child support paid;
(3) to the distribution of this payment to the State for court costs.
[End Quote]
This was done be our esteemed legislature in 2002. They are just too wonderful, aren't they? And aren't they wonderful in telling the payor what he/she agrees to, when the payor has no choice but to pay the excessive fee.
Haven't researched the 2002 legislation, but the end result is now contained in 20-7-1440 (C)quoted below:
(C) In actions for support for the spouse or dependent children, when paid through the court or through a centralized wage withholding system operated by the Department of Social Services and not directly, the court shall assess costs against the party required to pay the support in the amount of five percent of the support paid, which costs must be in addition to the support money paid. The revenue from the costs must be remitted as provided in Section 14-1-203.
By making the additional five percent payment on child support required by this subsection to the court or through the centralized wage withholding system operated by the Department of Social Services, the payor agrees:
(1) that this payment is in satisfaction of court costs assessed;
(2) that this payment is not child support under 45 CFR 302.51 but is in addition to all child support paid;
(3) to the distribution of this payment to the State for court costs.
[End Quote]
# posted by 
: 2:45 PM
: 2:45 PM
We understand that the Legislature has the right to raise the adminstrative fee.
We do not understand why the fee is a percentage of the child support amount. Processing a $1200 check is no more expensive than processing a $200 check. So why the disparity in the amount charged to individual payors?
Also, in many cases the amount of the adminstrative fee is based either on Consent Orders or Orders that were entered before the new legislation was passed raising the administrative fee. And generally speaking, legislation acts prospectively rather than retroactively.
We do not mean to quibble. But, this is just another user fee that is imposed without any real thought by the legislature or opposition from the general public because the general public does not understand how it is being affected. Additionally, we cannot see how accessing more fees against the payor helps either the payee or the children. And in any case we would be happy to process these checks each month in return for a 3% fee plus the right to receive the interest on the
$ Millions in the County’s Bank Account.
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We do not understand why the fee is a percentage of the child support amount. Processing a $1200 check is no more expensive than processing a $200 check. So why the disparity in the amount charged to individual payors?
Also, in many cases the amount of the adminstrative fee is based either on Consent Orders or Orders that were entered before the new legislation was passed raising the administrative fee. And generally speaking, legislation acts prospectively rather than retroactively.
We do not mean to quibble. But, this is just another user fee that is imposed without any real thought by the legislature or opposition from the general public because the general public does not understand how it is being affected. Additionally, we cannot see how accessing more fees against the payor helps either the payee or the children. And in any case we would be happy to process these checks each month in return for a 3% fee plus the right to receive the interest on the
$ Millions in the County’s Bank Account.
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