Tuesday, April 07, 2009
STANDARD FOR FINDING OF CIVIL CONTEMPT IN FAMILY COURT IN SOUTH CAROLINA
One of our readers called our attention to Ex Parte: Joe W. Kent, Appellant/Respondent. Leroy E. Capps and Harriette Capps, Respondents, v. South Carolina Department of Transportation, Respondent/Appellant, Opinion No. 4434, Submitted May 1, 2008 – Filed August 28, 2008, Refiled October 6, 2008. In that case, dissenting Court of Appeals Justice Thomas wrote:
Contempt results from the willful disobedience of a court order. Lindsay v. Lindsay, 328 S.C. 329, 345, 491 S.E.2d 583, 592 (Ct. App. 1997). A willful act is one “done voluntarily and intentionally with the specific intent to do something the law forbids, or with the specific intent to fail to do something the law requires to be done; that is to say, with bad purpose either to disobey or disregard the law.” Spartanburg County Dep’t of Soc. Servs. v. Padgett, 296 S.C. 79, 82-83, 370 S.E.2d 872, 874 (1988) (citing Black’s Law Dictionary 1434 (5th ed. 1979)). The determination of contempt ordinarily resides in the sound discretion of the trial judge. State v. Bevilacqua, 316 S.C. 122, 129, 447 S.E.2d 213, 217 (Ct. App. 1994). “A finding of contempt . . . must be reflected in a record that is ‘clear and specific as to the acts or conduct upon which such finding is based.’” Tirado v. Tirado, 339 S.C. 649, 654, 530 S.E.2d 128, 131 (Ct. App. 2000) (quoting Curlee v. Howle, 277 S.C. 377, 382, 287 S.E.2d 915,
This case suggests that all all those people incarcerated in Charleston, Dorchester, and Berkeley Counties for nonsupport were afforded tremendous protections before being hauled away. However, having witnessed some of these "cattle calls" first hand, we are not convinced that an appropriate determination of willfulness was made in all cases. But, what are you going to do? Because the CSED cannot find the real bad characters, they have to make an example of someone.
Labels: "Deadbeat Dads", Child Support Collection, Civil Contempt
Comments:
<< Home
One of the problems in Family Court in Charleston County is if you are found guilty of Contempt and you have enough money to pay up, the judge is going to levy an extra charge called "Court Costs." An obscure reference on the Summons is all you get, no exact amount, no fee set by the legislature, nothing until you hear it from the Judge. If you don't have that money in your pocket, you go to jail. No chance to run to the ATM, make a phone call, just "book'em Danno." Just another way to raise money, get you in the criminal database and call you a "deadbeat."
# posted by 
: 9:30 PM
: 9:30 PM
This is another way to raise revenues without accoutability, transparency, or oversight. This may also be another reason why local Courts resist a centralized child support collection system. Balkinization is the path to riches for some jurisdictions, just as inefficiency and the lack of technological advancements insure job security for some folks. In states which have implemented a computerized child support tracking system, collections have gone up and there is less of a need to keep dragging the same old poor suckers back to Court or to invent Court Costs to feed the system.
Post a Comment
<< Home
