Tuesday, April 04, 2006
SILLY FAMILY COURT REFORMS NOT NEEDED
Each year about this time the South Carolina newspapers begin to percolate with reports of the pending enactment of long promised and "overdue" legislative reforms. This year is no exception. But, in reviewing the proposed Family Court legislative reforms, we came to the same conclusion that we come to almost every year--the proposed "reforms" are not needed and the needed reforms are not proposed.
Take the burning issue of "common law marriage" for example. How big a problem is this really? And even assuming it is a problem, there is an easy solution to the problem. All South Carolina has to do is pass a law that states:
Each year about this time the South Carolina newspapers begin to percolate with reports of the pending enactment of long promised and "overdue" legislative reforms. This year is no exception. But, in reviewing the proposed Family Court legislative reforms, we came to the same conclusion that we come to almost every year--the proposed "reforms" are not needed and the needed reforms are not proposed.
Take the burning issue of "common law marriage" for example. How big a problem is this really? And even assuming it is a problem, there is an easy solution to the problem. All South Carolina has to do is pass a law that states:
All adulterers in South Carolina shall immediately be removed from public office. Moreover, in the event that two unmarried adults have sexual intercourse in South Carolina and conceive a child, then they are deemed to be husband and wife as a matter of law with all the rights and obligations attendant thereto. Additionally any unmarried man over forty years of age who shall have sexual relations of any nature within the borders of the State of South Carolina with an unmarried woman more than ten years his junior shall be deemed her husband and upon the subsequent dissolution of their marriage, for whatever reason, shall be required to pay her annual alimony in an amount not less than 50% of his gross yearly income.If we would pass this reform legislation we could guarantee that South Carolina would see a decline in unwanted births, illegitimate births, teenage pregnancies, venereal disease, AIDS, and "fornication." More important, all those gold digging "harlots" feared by the old white men in the legislature would probably leave Hilton Head and move to Florida.
Seriously, we do need reform. But, before we enact new laws we should make a serious effort to try enforcing some of the laws on the books. For example we should:
- Require that people actually pay their child support;
- Require that Family Court Judges include "salient findings of fact and conclusions of law" in their Orders;
- Require that lawyers establish entitlement to attorneys fee awards instead of winking and nodding at the judges;
- Require that attorneys actually charge reasonable fees;
- Require that employers report new hires; and,
- Require that all the elements of contempt be proven before people are held in Contempt.
Admittedly, some of the current South Carolina laws are silly and unfair. But, if we are not going to enforce them, we should not enact them. And we should repeal all old silly laws before we enact new laws of any kind.
Labels: Family Court Reform, Silly Laws
