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Monday, February 16, 2009

 
IS THERE UNMONITORED TAXATION IN SC FAMILY COURT?

Greenville Online reported last week in "State spending sources questioned," “The state budget of roughly $7 billion is only about a third of the amount the state spends, according to the study, with another $7 billion laid on taxpayers in fees outside legislative review and another $7 billion the state spends in federal funds.”

This article substantiates our long-held suspicion that at least some State Agencies are apparently running a sort of “shadow government” outside the purview of the Legislature. Among them are the Family Courts which set and collect fines from “Deadbeats” with no oversight from the Legislature and no accountability to anyone. Oftentimes the people against whom the fines are accessed cannot afford counsel. And they have no choice but to pay the assessment or go to jail and remain there until they “purge themselves of Contempt.”

Certainly, we do not advocate terminating the powers of Civil Contempt possessed by Family Court Judges. But, until the Family Courts provide an accounting of how much they are receiving and how they are spending it, there should be a suspension of Civil Contempt fines. The power of Contempt is supposed to be utilized to increase compliance with Court Orders, not either to enrich the coffers of the State or to make up budget deficits.

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My order requeired that if I paid my child support through the Court they would add a 3% surcharge to process the check. Whether I paid $100 a month or $1000 a month, the fee was 3%. Since then, they have raised the fee to process my child support check to 5%, despite the fact that my Order states 3%. I was recently given a document to sign stating that I agreed to the 5% surcharge. I refused to sign it. It seems to me this is nothing more than a tax, I can refuse to pay it and probably end up in jail. I think I am owed a refund but fighting this is difficult and expensive.
 
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