Wednesday, May 23, 2007
EVERYONE COMPLAINS BUT FEW SEEM TO DO ANYTHING
In "My Experience with Judge Kaye Hearn" Mr. Earl Capps sets forth the reasons for his opposition to the appointment of South Carolina Appeals Court Justice Kaye Hearn to the South Carolina Supreme Court.
In a nutshell, Mr. Capps' opposition appears to be based on the fact that Judge Hearn did not award child support to him at a Temporary Hearing some ten years ago. Mr. Capps did not provide enough detail to allow anyone to determine whether the ruling was supported by the facts, though he does indicate that the Trial Judge at the Final Hearing also failed to award child support.
We certainly sympathize with Mr. Capps and have repeatedly advocated Family Court reforms aimed at increasing both the number of custodial parents awarded child support and increasing the collection rates of child support. However, we note that when Senator Glenn McConnell held hearings last year on the subject of Family Court Reform, only a handful of people showed up. Moreover, a few years ago when Larry "Choppy" Patterson sought to be elevated from Family Court to Circuit Court, only a handful of lawyers testified against him.
This situation is not unlike the recent Summerville town elections where less than 10% of the voters participated.
In "My Experience with Judge Kaye Hearn" Mr. Earl Capps sets forth the reasons for his opposition to the appointment of South Carolina Appeals Court Justice Kaye Hearn to the South Carolina Supreme Court.
In a nutshell, Mr. Capps' opposition appears to be based on the fact that Judge Hearn did not award child support to him at a Temporary Hearing some ten years ago. Mr. Capps did not provide enough detail to allow anyone to determine whether the ruling was supported by the facts, though he does indicate that the Trial Judge at the Final Hearing also failed to award child support.
We certainly sympathize with Mr. Capps and have repeatedly advocated Family Court reforms aimed at increasing both the number of custodial parents awarded child support and increasing the collection rates of child support. However, we note that when Senator Glenn McConnell held hearings last year on the subject of Family Court Reform, only a handful of people showed up. Moreover, a few years ago when Larry "Choppy" Patterson sought to be elevated from Family Court to Circuit Court, only a handful of lawyers testified against him.
This situation is not unlike the recent Summerville town elections where less than 10% of the voters participated.
Our point is this--if people want to accomplish change, then they have to participate in the process and they have to advocate change early enough in the process that their voices can be heard. Most important, they have to seek change in the appropriate forum.
Labels: Election of Judges, Family Court Reform
Comments:
<< Home
Mr. Capps is a whiner. I can't even begin to count the number of my divorced friends who receive ittle or no child support--most of these friends are women.
Nationally, about 90% of the custodial parents are women and only about half of them are awarded any child support. And only about half of those who are awarded child support receive the full amount awarded--this is why there is a $110 Billion child support arrearage in this country.
Bottom line "there [may be} a lot of gender bias in the family court system, and in our society, when it comes to the roles of mothers and fathers," but the failure of judges to order parents to provide for their children has nothing to do with gender and happens with alarming regualrity to both genders--so much so, that it is likely to be the norm rather than the exception.
So, Capps should better educate himself before making such strong and possibly harmful accusations. He could start by reading all the posts on this BLOG. He should also read hhttp://www.childsupport-aces.org/acesstatistics.shtml.
Nationally, about 90% of the custodial parents are women and only about half of them are awarded any child support. And only about half of those who are awarded child support receive the full amount awarded--this is why there is a $110 Billion child support arrearage in this country.
Bottom line "there [may be} a lot of gender bias in the family court system, and in our society, when it comes to the roles of mothers and fathers," but the failure of judges to order parents to provide for their children has nothing to do with gender and happens with alarming regualrity to both genders--so much so, that it is likely to be the norm rather than the exception.
So, Capps should better educate himself before making such strong and possibly harmful accusations. He could start by reading all the posts on this BLOG. He should also read hhttp://www.childsupport-aces.org/acesstatistics.shtml.
# posted by 
: 11:44 AM
: 11:44 AM
Maybe you should share your views with Mr. Capps on his BLOG. We think that there should have been some cogent in-court explanation of why child support was not ordered. While our experiences with Justice Hearn have always been positive, a little bit of explanation could have perhaps alleviated some of the animosity towards Judge Hearn.
anon 1144 - maybe you resent someone speaking up when they've been wronged. i'd be willing to bet you're one of those "shut up and don't complain, you got your kids" feminist types who have contributed greatly to the problems custodial fathers face.
we petitioned for child support in that hearing, and it was not ordered. no explanation. in a similar situation, i would think it fair for any parent, regardless of gender, to speak up about it.
maybe if more people spoke up, we'd see less of the inequities that you claim exist.
speaking up doesn't make people "whiners", because it is our right as free americans to do so. but sitting back and taking it quietly does, as well as spitting hatred from behind anonymous identities could make one a coward.
we petitioned for child support in that hearing, and it was not ordered. no explanation. in a similar situation, i would think it fair for any parent, regardless of gender, to speak up about it.
maybe if more people spoke up, we'd see less of the inequities that you claim exist.
speaking up doesn't make people "whiners", because it is our right as free americans to do so. but sitting back and taking it quietly does, as well as spitting hatred from behind anonymous identities could make one a coward.
We are not sure what Mr. Capps means by the term "one of those 'shut up and don't complain, you got your kids' feminist types who have contributed greatly to the problems custodial fathers face." And although we encourage folks not to post anonymously, we understand that there are sometimes valid reasons for this and do not equate the practice with being a coward. For example, someone in the midst of an Appeal may not want to openly criticize the Trial Judge for fear of reprisal.
We commend Mr. Capps for speaking out. We still do not know why Judge Hearns denied child support at the Temporary Hearing, why Mr. Capps was not awarded support at the Final Hearing, or why Mr. Capps did not seek to present his case before the Senate Judiciary Committee when Justice Hearns was nominated for a position on the South Carolina Court of Appeals. But all this is not of particular importance. What is important is that Mr. Capps is calling attention to “the problems custodial fathers face.” We encourage him to both elaborate on these problems—here or on his own BLOG—and we look forward to reading his proposals for solving these problems.
We commend Mr. Capps for speaking out. We still do not know why Judge Hearns denied child support at the Temporary Hearing, why Mr. Capps was not awarded support at the Final Hearing, or why Mr. Capps did not seek to present his case before the Senate Judiciary Committee when Justice Hearns was nominated for a position on the South Carolina Court of Appeals. But all this is not of particular importance. What is important is that Mr. Capps is calling attention to “the problems custodial fathers face.” We encourage him to both elaborate on these problems—here or on his own BLOG—and we look forward to reading his proposals for solving these problems.
Mr. Capps speaks of his "oldest daughter." Is there another? If there are two children and each parent has custody of one of the children the judge may choose not to rule on the request.
We simply do not have all the information here to comment. And it is just to easy to be critical of a judge's decision in a single case. That is why we have Motions for Reconsideration and the Court of Appeals.
My personal experience with Judge Kaye Hearns was that she was the only Judge, prior to the Final Order that got it right!
In my case while the Supreme Court was ruling on a matter that came out of an unclear Order from a temporary hearing to pay an amount of child support that, if upheld would have bankrupted me, my ex filed a Rule to Show Cause. Once the Supreme Court ruled in my favor and I knew exactly what to pay and how much I got caught up. But would my ex be satisfied, of course not. She pursued the RTSC requesting an exorbitant amount of attorney's fees.
My attorney argued she was not due attorney fees because the matter was on appeal, once the Supreme Court clarified the lower court's order we got caught up and there was no basis for the RTSC.
Judge Hearns ruled against my ex-wife and you could hear the other attorney's jaw hit the floor.
So a belated thanks to Judge Hearns for getting it right for the "secondary custodial parent." I'm still trying to figure out what that means in South Carolina.
PS Sometimes, being Anonymous, may also mean that you just don't have the time to mess with this blog stuff, be bothered with getting a more descriptive identity, but appreciate everyone's good fight and have an opinion you want to express.
Keep up the good work.
Post a Comment
We simply do not have all the information here to comment. And it is just to easy to be critical of a judge's decision in a single case. That is why we have Motions for Reconsideration and the Court of Appeals.
My personal experience with Judge Kaye Hearns was that she was the only Judge, prior to the Final Order that got it right!
In my case while the Supreme Court was ruling on a matter that came out of an unclear Order from a temporary hearing to pay an amount of child support that, if upheld would have bankrupted me, my ex filed a Rule to Show Cause. Once the Supreme Court ruled in my favor and I knew exactly what to pay and how much I got caught up. But would my ex be satisfied, of course not. She pursued the RTSC requesting an exorbitant amount of attorney's fees.
My attorney argued she was not due attorney fees because the matter was on appeal, once the Supreme Court clarified the lower court's order we got caught up and there was no basis for the RTSC.
Judge Hearns ruled against my ex-wife and you could hear the other attorney's jaw hit the floor.
So a belated thanks to Judge Hearns for getting it right for the "secondary custodial parent." I'm still trying to figure out what that means in South Carolina.
PS Sometimes, being Anonymous, may also mean that you just don't have the time to mess with this blog stuff, be bothered with getting a more descriptive identity, but appreciate everyone's good fight and have an opinion you want to express.
Keep up the good work.
# posted by : 4:25 AM
: 4:25 AM << Home
