Tuesday, December 16, 2008
PROPOSED AMENDMENT SUSPENDING CHILD SUPPORT
The following Amendment has been been submitted to the South Carolina Legislature:*
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDINGSECTION 63-17-495 SO AS TO PROVIDE THAT IF A PERSON IS INCARCERATED FOR NONPAYMENT OF CHILD SUPPORT DURING THE TIME THE PERSON IS INCARCERATED AND FOR THREE MONTHS AFTER RELEASE, THE PERSON'S OBLIGATION TO PAY CHILD SUPPORT IS SUSPENDED, ARREARAGES DO NOT ACCRUE, AND EXISTING ARREARAGES ARE HELD IN ABEYANCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 17, Title 63 of the 1976 Code is amended by adding:
"Section 63-17-495. Notwithstanding any other provision of law, if a person is incarcerated for nonpayment of child support in violation of a court order, from the date of arrest until three months after the date the person is released from incarceration, the person's obligation to pay child support pursuant to that order:
(1) is suspended;
(2) arrearages do not accrue; and
(3) prior arrearages are held in abeyance."
SECTION 2. This act takes effect three months after approval by the Governor.
----XX----
We suspect that, if passed, this Amendment will not withstand judicial scrutiny. Moreover, we believe that it will serve to increase the total amount of child support arrearages in the State of South Carolina and increase the welfare rolls without providing any real benefit to anyone.
*Click here to download in Microsoft Word format.
Labels: Child Support
Comments:
<< Home
Yes, but maybe it will keep some of the more zealous recipients of child support from pursuing frivolous collection efforts. Case in point, when a noncustodial parent is wrongfully found in contempt and imprisoned, the possibility of that occuring may give the judge or the plaintiff a little more pause to give the defendant time to get the payments current.
# posted by 
: 7:31 PM
: 7:31 PM
We do not understand your comment.
Generally speaking, the Clerk of Court files Book-keeping Rules to initiate Contempt Hearings and the person who is suppossed to be receining the money (obligee) is not involved in the prosecution of the matter. These Rules are not supposed to be filed until the obligor is a month behind in support.
Generally speaking, the Clerk of Court files Book-keeping Rules to initiate Contempt Hearings and the person who is suppossed to be receining the money (obligee) is not involved in the prosecution of the matter. These Rules are not supposed to be filed until the obligor is a month behind in support.
In Charleston County, I understand the threshold is 5 weeks or $500 before they will file the Rule.
# posted by : 7:48 AM
: 7:48 AM
I don't know whether that is a statewide threshold or if it up to the local Clerk to set the policy.
# posted by : 7:49 AM
: 7:49 AM
State Law requires the Clerk to issue Rules any time the obligor is a month in arrears. We doubt that the Clerk has either the manpower or the time to consistently issue Rules when someones is only $500 in arrears unless the $500 represents a month's obligation.
Remember, the State's computer child support tracking system is severely outdated which is why the Feds fined the State $10,000,000 last year. We suspect that passing this Law would result in more fines from the Feds, not to mention cessation of funding for ADC.
Post a Comment
Remember, the State's computer child support tracking system is severely outdated which is why the Feds fined the State $10,000,000 last year. We suspect that passing this Law would result in more fines from the Feds, not to mention cessation of funding for ADC.
<< Home
