Tuesday, March 31, 2009
In "Contingency Fees and Interest in Collecting Back Child Support and Alimony," South Carolina attorney Gregory Forman writes:
The case of Thornton v. Thornton, 328 S.C. 96, 492 S.E.2d 86, 96 (1997), held that each past due support payment is a judgment and interest on arrears begins to accrue from time that each payment becomes due. Judgment interest is fourteen percent per annum prior to December 31, 2000 and twelve percent per year as of January 1, 2001. S.C. Code Ann. § 34-31-20.
There is an unresolved issue as to whether support payments due on or after January 1, 2001 for orders issued prior to December 31, 2000 accrue interest at 14% or 12%. Because Thornton notes that each support payment becomes a judgment when due, my view is that support obligations after January 1, 2001 accrue interest at 12%, even if the order predates January 1, 2001.
There is another unresolved issue as to whether judgment interest is compound or simple. The general thinking in Family Court was that judgement interest did not compound. See e.g., Gardner v. Gardner, 253 S.C. 296, 170 S.E.2d 372, 374 (1969). However in Gardner the party awarded interest did not appeal the award of simple interest and no reported South Carolina case resolves the issue of whether interest under the statute is simple or compound. A couple of 19th century cases held that interest “per annum” or “annually” compounds. Carolina Sav. Bank v Parrott, 30 S.C. 61, 8 S.E. 199, 201 (1888); Bowen v Barksdale, 33 S.C. 142, 11 S.E. 640, 641 (1890). No cases since 1890 have ruled on the issue of whether interest compounds or is simple.
Labels: Child Support
Monday, March 30, 2009
- South Carolina has one of the lowest child support collection rates in the country;
- South Carolina is the ONLY State in the country that lacks a computerized child support tracking and distribution system and has been fined over $60 Million by the the United States for this failure;
- The CSED website is out of date and contains at least some misstatements of the Law;
- The CSED is unable to locate the child support collection agencies for the States of Alabama, Maryland and Pennsylvania; and,
- The total child support arrearage in South Carolina has increased from $700 Million in 2005 to $1.2 Billion at present.
Labels: Child Support Collection, Computerized Child Support System, Family Court Reform, Federal Fines, Institutional Mismanagement
Sunday, March 29, 2009
ANOTHER RIDICULOUS WASTE OF COURT RESOURCES IN SOUTH CAROLINA
Granted, the lawsuit discussed in Re/Max says local agency's logo too similar to its own is not a Family Court case. However, this ridiculous case is tying up precious court time and resources that could be better utilized for child abuse cases, juvenile criminal cases, domestic abuse cases, custody cases, child support cases, paternity cases, domestic kidnapping cases, parental interference cases, visitation cases--you get the picture.
What makes this nonsense particularly egregious is that South Carolina now has an unemployment rate of 11% and there are literally thousands of non-custodial parents who have been paying their child support religiously, but now need some relief from that obligation and need access to Family Court to obtain that releif.* As reported in "Fighting Over Child Support After the Pink Slip Arrives," "Since January [Family Courts across the nation] have been overwhelmed with urgent requests...alarming judges and overwhelming calendars with what are known as modification cases. In Clark County, Nev., which includes Las Vegas, the district attorney’s family support division has received an unusually high number of calls from parents who previously paid diligently but are now having trouble."
Our suggestion is that the Courts advise all Re/Max Realtors and Brokers who are seeking an adjustment in their child support payments that they need to go to the end of the line. They have used their collective court time allotment for this quarter.
*See, "Economy Could be Affecting SC Child Support Payments," wherein it was written:
The economy and South Carolina’s high unemployment rate appear to be affecting child support payments in the state. Larry McKeown, child support enforcement director for the state Department of Social Services, says, "I can’t specifically attribute it to the economy, but we have seen a decrease of about a little over two percent in collections, when comparing January of ‘09 to January of ‘08'."
We note that, because South Carolina does such a poor job of collecting child support, there may not be much of a statistical drop off in collection rates during difficult economic times. However, that does not change the fact that there are those who want to pay their child support, but are unable to do so because they cannot find employment. And they cannot get into Family Court to obtain a reduction because the dockets are filled with nonsense cases.
Labels: Child Support Collection, Non-custodial Parents, Problems at DSS, Wasting Court Time
Saturday, March 28, 2009
Frankly, we were a little surprised to happen upon Top 10 Athletes Who Are Deadbeat Dads. It did not surprise us that men do not support their children or that pro athletes seem to father an inordinate number of illegitimate children. What surprised us was the allegation that Carl Malone impregnated a thirteen-year old child when he was in college and that he is only one of a number of multi-millionaires who provide absolutely no support for some of their children. After all, it is not like these guys do not have the financial wherewithal to reduce their financial exposure through negotiation, so they should at least pay something. And apparently, lawyers even specialize in this area as evidenced by the article Negotiating The Professional Athlete’s Child Support Obligations.
Labels: "Deadbeat Dads", Child Support, Pro Athletes
Friday, March 27, 2009
The U.S. Department of Health and Human Services (HHS) today announced the availability of Recovery Act funds for state programs that establish, enforce, collect and distribute child support.
Labels: Child Support Collection
In Clean Slates for Youths Sentenced Fraudulently, The New York Times revealed that "The Supreme Court of Pennsylvania on Thursday ordered the slate cleaned for hundreds of youths who had been sentenced by a corrupt judge." The newspaper also reported that "The exact number of records to be expunged was not stated in the court’s order; a special master is investigating the cases."
This is welcome news. Maybe it will inspire South Carolina to pass both a Civil Contempt Expungement Act and a UNIFORM PROCEDURE FOR EXPUNGING CRIMINAL RECORDS.
Labels: Expungment, Lawsuits, Misconduct
Thursday, March 26, 2009
Labels: Child Support, Child Support Collection, Computerized Child Support System, Institutional Mismanagement
Wednesday, March 25, 2009
According to The Toronto Star, “Chris Bosh, the face of Toronto's struggling NBA franchise, is being cast in U.S. court documents as a deadbeat father who broke up with his girlfriend when she was seven months pregnant, leaving her destitute and without medical care even as she fell ill.” Additionally, the paper reports, “The complaint, which contains allegations that have not been proven in court, says Bosh contested his paternity before genetic testing determined a 99.97 per cent probability that he is [the child’s] father” and “according to the documents, [the child] has laid eyes on her father but twice, both times in his hotel room when the Raptors were in town to face the Wizards.”
What is it with these pro athletes and their refusal to support their children? And how hard can it be to find these guys and initiate wage-withholding?
Labels: "Deadbeat Dads", DNA
Tuesday, March 24, 2009
Monday, March 23, 2009
MOVEMENT IN VIRGINIA TO REFORM PROCESS FOR SELECTION OF STATE COURT JUDGES
In Critics target Va. judge selection process the Associated Press reports that there is a movement in Virginia to reform "the secretive back-room dealings that chose state judges." The article also indicates that "Virginia and South Carolina are the only states where the legislature chooses judges, according to the National Center for State Courts. In other states, judges are elected by voters or appointed by the governor, sometimes with input from a nonpartisan judicial nomination commission."
Labels: Election of Judges
Sunday, March 22, 2009
A BILL TO AMEND SECTION 20-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT THE COURT MAY PROHIBIT HARM OR HARASSMENT TO A PET ANIMAL OWNED, POSSESSED, KEPT, OR HELD BY THE PETITIONER AND TO PROVIDE THAT IN ORDERING TEMPORARY POSSESSION OF PERSONAL PROPERTY, THE COURT MAY ORDER THE TEMPORARY POSSESSION OF PET ANIMALS.
SECTION 1. Section 20-4-60(C) of the 1976 Code, as last amended by Act 319 of 2008, is further amended by adding an appropriately numbered item at the end to read:
"( )prohibit harm or harassment, including a violation of Chapter 1, Title 47, against any pet animal owned, possessed, kept, or held by:
(a) the petitioner;
(b) any family or household member designated in the order;
(c) the respondent if the petitioner has a demonstrated interest in the pet animal."
SECTION 2. Section 20-4-60(C)(5) of the 1976 Code, as last amended by Act 319 of 2008, is further amended to read:
"(5) provide for temporary possession of the personal property, including pet animals, of the parties and order assistance from law enforcement officers in removing personal property of the petitioner if the respondent's eviction has not been ordered;"
SECTION 3. This act takes effect upon approval by the Governor.
----XX----
This web page was last updated on December 9, 2008 at 5:11 PM
Labels: Family Court Backlog, Silly Laws
Saturday, March 21, 2009
Lawyerahead.com has posed the question What’s Going on in Decatur, AL?
Our recommendation to Sheriff-elect Knight is to serve FOIA requests on Sheriff Nash as soon as possible to determine where the money that Nash is collecting is going, how much he collected from inmates for the processing fees, has much has been returned, and how much "volunteer labor" was supplied to Nash's friends. If Mr. Knight does not do that now, he will be facing an unbelievable mess when he takes office in January.
Labels: User Fees/Hidden Taxes
Friday, March 20, 2009
Henry said that on Friday her lawyer would appeal the order to hand over her grandson."
He has seen his father twice his entire life ..." Henry said of Noah. "They never knew my granddaughter and since she's been dead, they haven't seemed to care."
Attorneys for Curry disputed that he had seen his son so seldom.
Henry said Curry's child support payments were cut off the day after the double murder. Public records confirm that the payments stopped that day.
"I've been doing everything on my own. I've adjusted my life to take care of [Noah]," Henry said. "I have not asked Curry for a dime."
Labels: Civil Contempt, Custody
Thursday, March 19, 2009
So we want to know whether "Outlaw" Grandma will be jailed for Contempt when the authorities catch her. After all, we are certain that Mr. Curry would have been placed "in the barbwire hotel, all dressed and nowhere to go" if he had defied a Court Order to pay his child support.A Cook County, Ill., judge has ordered that Eddy Curry be given custody of his 3-year-old son, Noah Henry, whose mother was murdered in Chicago in January. The boy has been living with his maternal grandmother. Curry missed practice Thursday to attend the custody hearing. The grandmother, Yolan Henry, told The Chicago Tribune she planned to disobey the judge’s order and considered herself to be "on the run."
Labels: Civil Contempt
Wednesday, March 18, 2009
Click here to review a copy of the class action Complaint filed against Clinch County Georgia and its former Sheriff and Deputy Sheriff arising out of the imposition of "user fees" against jail detainees. Note that we previously mentioned this lawsuit.
Labels: Lawsuits, User Fees/Hidden Taxes
Tuesday, March 17, 2009
A South Carolina bill seeks to protect pets in domestic violence cases to make it easier for victims to leave their abusers.
Democratic Rep. Gilda Cobb-Hunter of Orangeburg told The State newspaper some women stay because their abuser has threatened to kill their beloved pets if they leave. Her bill would allow victims seeking temporary restraining orders to ask a judge for custody of a pet.
Advocates of domestic violence victims praised the legislation as removing one barrier that keeps women from seeking help.
South Carolina consistently ranks high nationwide in domestic violence. The state ranks second nationwide in women killed by men in the latest report by the Violence Policy Center. A House subcommittee hearing for the bill has not been set.
---
Labels: Family Court Backlog, Silly Laws
Monday, March 16, 2009
Labels: DNA, Misconduct, Paternity Fraud
Sunday, March 15, 2009
Labels: Institutional Mismanagement, Lawsuits
Saturday, March 14, 2009
Labels: Institutional Mismanagement, Problems at DSS
Friday, March 13, 2009
EX-NFL PLAYER--NINE CHILDREN WITH NINE DIFFERENT WOMEN AND CAN'T PAY SUPPORT
The New York Times reports With Nine Mouths to Feed, Travis Henry Says He’s Broke. According to the article, "Henry argued that, within the context of richly paid athletes, he was not out of line. He contended that he owned no more than three vehicles at once and figured he had spent $250,000 on jewelry. 'That ain’t a lot,' he said. Nevertheless, he was hoping to pawn some jewelry to pay off one of many debts and gain freedom."
It's hard to feel sorry for a guy who received $25 million contract in 2007, even if he was cut last year by the Denver and "only" $6.7 million. On the other hand, maybe he should contact the folks at http://www.paternityfraud.com/ for some assistance. Or maybe he should move to South Carolina, "Friend of the Deadbeat Dad." Or maybe he should have been a basketball player and could have managed to go ten years without paying support.
All kidding aside, both the NFL and the Denver Broncos have some culpability here too. They had to have been aware of Mr. Henry's procreation addiction and should have, at the very least, with-held a portion of his wages to insure he was able to meet his obligations to his children.
Labels: "Deadbeat Dads", Pro Athletes, Responsibility
Thursday, March 12, 2009
Labels: Silly Laws
Wednesday, March 11, 2009
Custodial and non-custodial parents can find child support payment information on our automated Voice Response System. This service is available 24 hours a day and the Hotline operator's hours are 8:30 AM -4:30 PM., Monday through Friday. In order to obtain information about your case through the Voice Response System, your correct Social Security Number must be in our automated system.
242-0210 (For Montgomery, Autauga and Elmore Counties)
1-800-284-4347 (Other counties in Alabama)
1-334-242-0210 (Out-of-State)
To Send a Payment by Regular MailPayments can be mailed to the Alabama Child Support Payment Center at this address:Alabama Child Support Payment CenterPO Box 244015Montgomery, AL 36124-40515
Labels: Institutional Mismanagement, Problems at DSS
Monday, March 09, 2009
The Child Support Enforcement Division of the South Carolina Department of Social Services is trying to locate the following people. We are holding funds that were returned to us as "undeliverable" by the U.S. Postal Service. All other attempts to locate these people have failed. If your name is on the following list, please send a photocopy of 1) driver's license or other photo ID, 2) Social Security Card and 3) utility bill or bank statement with your current address to Financial Services, c/o Alfredia Eaddy, P.O. Box 810, Columbia, SC 29202. If you have questions, you may contact us by calling (803)898-9210 in the Columbia area or 1-800-768-5858 nationwide.
Labels: Child Support, Institutional Mismanagement, Problems at DSS
Sunday, March 08, 2009
In an earlier post we noted the fact that MANY SOUTH CAROLINA "DEADBEATS" ARE JUST "DEAD." And now The New York Times reports in You’re Dead? That Won’t Stop the Debt Collector:
No one should be surprised by the fact that lawyers have no compunctions against using trickery and deception to collect debts from people who are not obligated to pay those debts. Remember, lawyers have had no problem forcing men to pay child support for children who are not their biological children in numerous States including Maine, and Pennsylvania. So we can probably expect the families of some decedents to be forced to pay support for children who are not the biological offspring of some decedents. That process will then become the "newest frontier in debt collection."Dead people are the newest frontier in debt collecting, and one of the healthiest parts of the industry. Those who dun the living say that people are so scared and so broke it is difficult to get them to cough up even token payments.Collecting from the dead, however, is expanding. Improved database technology is making it easier to discover when estates are opened in the country’s 3,000 probate courts, giving collectors an opportunity to file timely claims. But if there is no formal estate and thus nothing to file against, the human touch comes into play.
You get to be the person who cares,” the training manager, Autumn Boomgaarden, told a class of four new hires.
For some relatives, paying is pragmatic. The law varies from state to state, but generally survivors are not required to pay a dead relative’s bills from their own assets. In theory, however, collection agencies could go after any property inherited from the deceased.
But sentiment also plays a large role, the agencies say. Some relatives are loyal to the credit card or bank in question. Some feel a strong sense of morality, that all debts should be paid. Most of all, people feel they are honoring the wishes of their loved ones.
“In times of illness and death, the hierarchy of debts is adjusted,” said Michael Ginsberg of Kaulkin Ginsberg, a consulting company to the debt collection industry. “We do our best to make sure our doctor is paid, because we might need him again. And we want the dead to rest easy, knowing their obligations are taken care of.”
Finally, of course, some of those who pay a dead relative’s debts are unaware they may have no legal obligation.
Scott Weltman of Weltman, Weinberg & Reis, a Cleveland law firm that performs deceased collections, says that if family members ask, “we definitely tell them” they have no legal obligation to pay. “But is it disclosed upfront — ‘Mr. Smith, you definitely don’t owe the money’? It’s not that blunt.”
Labels: Child Support
Friday, March 06, 2009
Labels: Paternity Fraud
Thursday, March 05, 2009
WJBF-TV reported in the article Economy Could be Affecting SC Child Support Payments that "The economy and South Carolina’s high unemployment rate appear to be affecting child support payments in the state."
We suspect that there is a twofold reason why Mr. McKeown has no clear idea of whether the economy is affecting the child support payment rate in the State of South Carolina.
First, the historical child support payment and collection rate is so abysmal in South Carolina that a two percent drop may appear statistically insignificant. And second, South Carolina’s continuing failure to either enforce the New Hire Reporting Law or develop a computerized child support tracking and enforcement system means that South Carolina cannot locate a significant number of “Deadbeats” and, therefore, cannot ascertain the reasons they are not meeting their Court-ordered obligations. It could be the economy. Or it could be petulance. Or it could be that they are dead.
Labels: "Deadbeat Dads", Child Support Collection, Computerized Child Support System, New Hire Reporting
Tuesday, March 03, 2009
Labels: Institutional Mismanagement
Monday, March 02, 2009
Labels: Family Court Backlog
Sunday, March 01, 2009
Labels: Non-custodial Parents
