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Wednesday, March 28, 2012

 
DENNIS RODMAN IS SICK, BROKE, & CAN'T PAY CHILD SUPPORT

The Los Angeles Times has reported that former NBA star Dennis Rodman is facing contempt charges for owing over $800,000 in back child support.

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Sunday, July 31, 2011

 
ILLINOIS CONGRESSMAN MAY OWE $117K IN PAST DUE CHILD SUPPORT

The following article was filed by the Associated Press.

CHICAGO (AP) — Illinois Rep. Joe Walsh, the tea party-backed Republican who squeaked into office last year by vowing to bring fiscal responsibility to Washington and who has been one of President Barack Obama's most outspoken critics during the standoff over the debt ceiling, is being sued for more than $100,000 in unpaid child support, a newspaper reported.The freshman congressman's ex-wife, Laura Walsh, filed the claim against him in December as part of their divorce case, saying he owed $117,437 to her and their three children, the Chicago Sun-Times reported in a story published Wednesday. She contends that Walsh loaned his own campaign $35,000 and took international vacations but said he couldn't afford child support payments because he was between jobs or out of work. "Joe personally loaned his campaign $35,000, which, given that he failed to make any child support payments to Laura because he 'had no money' is surprising," Laura Walsh's attorneys wrote in the motion. "Joe has paid himself back at least $14,200 for the loans he gave himself."

Walsh, whose campaign was marked by allegations of financial mismanagement, said he thought he and his ex-wife were coming to an agreement on the money owed, according to a February court filing. His attorney, R. Steven Polachek, denied that the congressman owed $117,437 in back child support and interest and said the amount was much less.

"I dispute that he owes the child support that she's claiming or anywhere near that amount," Polachek said. "Joe Walsh hasn't been a big-time wage-earner politician until recently — he's had no more problems with child support than any other average guy."

Joe and Laura Walsh were married for 15 years when she filed for divorce in 2002. He has since remarried.

A phone message left Thursday at Walsh's congressional office wasn't immediately returned, and his spokeswoman did not immediately respond to an e-mail seeking comment.

Walsh, 49, unexpectedly captured his northeastern Illinois district last year by a slim margin, campaigning on a promise to reign in government spending and promoting his conservative values, among other things. He has recently gained notoriety for speaking out against the president and accusing him of lying about the impact of not raising the national debt ceiling.

"President Obama, quit lying," he said in a video posted online this month. In it he also asks Obama, "Have you no shame, sir?

"Walsh said there is "plenty of money" to pay debt and cover Social Security even if the limit isn't raised, and that Obama won't get congressional approval to increase the $14.3 trillion debt limit unless the Democratic president backs a balanced budget amendment to the Constitution, which Obama opposes. Obama says the country will default if Congress doesn't raise the ceiling by Aug. 2.

The congressman's alleged financial problems made headlines while he was campaigning last year, when at least one staffer claimed he would "spend, spend, spend uncontrollably."

His campaign manager quit and sued for $20,000 in nonpayment, and two other staffers who quit accused him of not properly disclosing a 2008 home foreclosure and traffic citations to the public, taking their grievances public. Walsh also bounced checks, including one to a Republican fundraiser.

A Walsh spokesman at the time called it a smear campaign by disgruntled workers and said the congressman had learned from his financial struggles, including the foreclosure.
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Information from: Chicago Sun-Times, http://www.suntimes.com/index


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Wednesday, June 29, 2011

 
NO RESPONSE FROM DSS: LETTER TO THE EDITOR OF THE POST AND COURIER


The following letter appeared in the Post and Courier.


____________________________________________________


On June 10 at 1:29 p.m. I placed a call to the local Charleston Child support agency to reach a case worker whom I have attempted to reach 21 times since March with no success. Two years ago I paid the fee to receive assistance in obtaining child support for my grandchildren. On March 3, a Cincinnati court passed a judgment against the non-custodial parent and awarded support.

Details had to come from the Charleston office. So I made multiple attempts to reach them. Last week I sent a letter to them after receiving a request for paperwork that had been filled out five times. I returned it with a letter informing them I had received no information from the March 3 hearing. I received that information via mail one week later. To date I have yet to receive the payments. I challenge anyone to try to reach someone at this agency. Just call 953-9400 and follow the prompts. Good luck.

Connie Scott
Claussen House Drive
Edisto Island
http://www.postandcourier.com/news/2011/jun/29/letters-to-the-editor/












































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Tuesday, March 15, 2011

 
CHILD SUPPORT ISSUES DISCUSSED ON SOUTH CAROLINA FAMILY LAW BLOG

Click here to access some posts on the issue of child support in South Carolina.

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Monday, March 22, 2010

 
WEST VA [BUT NOT SC] CHANNELS MORE CHILD SUPPORT TO POOR

According to "W. Va. diverts more child support to poor":

Changes in how state governments are allowed to disperse child support payments to welfare families has put more money in the pocket of West Virginia resident Becky Salmons, allowing her to buy school supplies and medicine for her 17-year-old daughter.

West Virginia, Pennsylvania and Washington are among the states taking advantage o f changes in federal law that encourage states to stop using the money to reimburse state and federal welfare services and instead use it to help poor families get back on their feet. For some families, the change means hundreds of extra dollars a month.Until a year ago, most of the $225 Salmons' ex-husband paid each month went to the government. Now, she gets all the money."Moneywise it was rough," said Salmons, who moved in with her mother in southwest West Virginia following her divorce three years ago. "We just had to scrimp and save, but family members would help out as much as they could."The policy changes were a gradual philosophical shift for child support payment programs that began a decade ago and were reinforced by Congress in 2006, said Vicki Turetsky, commissioner for the Office of Child Support Enforcement in the U.S. Department of Health and Human Services.

States had until Oct. 1 to at least take some small step toward putting more money into welfare recipients' hands.

Federal officials hope the money will help welfare families become more self-sufficient, thereby reducing the demand for food stamps and other government assistance. Turetsky said a pilot project in Wisconsin showed parents were more likely to pay child support and pay it in a timely manner if the money went to their children rather than reimburse government agencies. "The net cost to the government was minimal because parents were paying more and families had less need to receive public assistance," Turetsky said.

The federal Office of Management and Budget estimates the changes could result in $4.9 billion in savings nationwide over 10 years as more families leave assistance programs. The federal policy changes allow states to choose from a smorgasbord of options to funnel current and overdue child support collections to current and former families receiving Temporary Assistance for Needy Families, or TANF. Many states have been slow to embrace all the changes, though, because of severe budget problems. Turetsky said West Virginia was the first state to implement all the options. West Virginia Child Support Commissioner Susan Perry said there is a potential to put $85 million in child support into the hands of about 18,000 families. Before, the federal and state governments split child support payments 80-20 for TANF benefits. Federal authorities agreed to give up their 80 percent, but states have been reluctant to give away the money. Budget concerns are keeping Minnesota from passing along all of the money to families." It is always a matter of competing priorities," said Beth Voigt, spokeswoman for the Minnesota Department of Human Services' Child Support Enforcement and Transition to Economic Stability Divisions.

In Pennsylvania, the full impact of the changes won't be known for another year, director of the Pennsylvania Bureau of Child Support Enforcement Dan Richard. But the amount of money going to low-income families already has increased from $5 million to $21 million.Adolfo Capestany, spokesman for the Washington Department of Social and Health Services' Division of Child Support, said between last Oct. 1 and Aug. 31, Washington distributed $12.5 million to roughly 12,400 families. While acknowledging that budget constraints may force Washington state to revisit the changes, Capestany said, "This has been a tremendous help for our low-income families."

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Sunday, February 07, 2010

 
CONGRESSIONAL CANDIDATE CAMPBELL MAY HAVE MISSED CHILD SUPPORT PAYMENTS

Will Folks, former spokesman for South Carolina Governor Mark Sanford, writes in "Campbell Child Support Questioned":
Anyway, giving [sic] that Campbell’s elevator has always stopped several floors short of the top, it wouldn’t surprise in the least to learn that he may have missed a child support payment here or there – as is being alleged by several sources close to the law firm where his former wife is employed.
From our perspective, the fact that Mr. Campbell may have gotten behind in his child support or may have missed a payment does not make him a "Deadbeat." As we have noted before, in these difficult economic times, many otherwise responsible folks are finding it difficult to meet their child support obligations. We would be concerned, however, if Mr. Campbell were to publicly demonstrate his ignorance of the Welfare Reform Act as did South Carolina Lt. Governor Andre Bauer. And, we would be more concerned if we were to learn that Mr. Campbell's businesses are not complying with the federal new hire reporting law and are helping 70,000 South Carolina "Deadbeats" avoid their responsibilities to their children.

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Sunday, January 24, 2010

 
UPDATES JOHN EDWARDS/JUDGE SEGARS-ANDREWS/BRISTOL PALIN

Edwards Admits Paternity

The Associated Press has reported "Edwards admits he fathered videographer's child" and has agreed to pay child support. According to the article, "In the statement Edwards released Thursday, he said, 'I will do everything in my power to provide her (Frances) with the love and support she deserves...I have been providing financial support for Quinn and have reached an agreement with her mother to continue providing support in the future. "

There has been no word yet on the terms of the financial settlement.

Judge Screenings on Hold

According to "Judge screenings on hold," "One of South Carolina’s top lawmakers said the state will postpone screening of judge candidates until the state Supreme Court settles legal questions about the process." Consequently, judicial elections will also be postponed.

This whole process may be confusing to most folks. But, South Carolina State Senator Nathan Ballentine illuminates the process and provides some useful links at his Blog. Still, in any event, this case is very important, which is why the Supreme Court of South Carolina has granted an expedited hearing.

Bristol Palin "Demands" Child Support

CNN reports that "Bristol Palin demands child support." While some folks appear to be upset about this development, we are neither surprised nor outraged. If Ms. Palin's Pleadings are to be believed, Levi Johnston--the "sperm donor" baby daddy--has generated a pretty good income from his relationship with the Palin family. So there is no reason why he should not provide for his child.

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Thursday, December 31, 2009

 
GRAB BAG OF "END OF THE YEAR" STUFF

Alabama is no longer Missing, but Maryland is still missing

A review of the South Carolina CSED website reveals that Alabama is no longer listed on the South Carolina Abandoned Property List. However, further review of the same list reveals that Maryland is still listed. What this means is that the incompetence of the folks at the South Carolina CSED not only directly harms hundreds of thousands of citizens of South Carolina, but that it also harms those citizens of Maryland whose child support payments have been intercepted by the State of South Carolina yet remain in South Carolina's possession rather than being forwarded to the State of Maryland for distribution.

In case Larry McKeown reads this post and has some difficulty understanding what he reads, we will try to make it simple.

Under Federal Law, there are various procedures for one State to collect the child support payments of people who earn income in that State and forward it to the State where the person who is supposed to receive the support resides. In the case under discussion, South Carolina has collected money that is owed to citizens of Maryland, but rather than sending it to the State of Maryland for distribution to the rightful owners, South Carolina is maintaining possession of this money under the pretext that it does not have a current address for Maryland's Child Support Collection Agency.

More Corruption in South Carolina

The Associated Press has reported that 4 (more) plead guilty in (the DSS) fraud scheme. Dozens have been charged in this case with more convictions to come. And yet, those at the South Carolina Department of Social Services who were in charge of this mess are still employed, sucking down big bucks, and lurching towards their pensions while secure in the knowledge that "accountability" is a theoretical construct in South Carolina Government.

In the meantime, The Post and Courier reports, Union County official arrested:

Former court clerk Brad Morris has been charged with embezzlement. And several former officials -- Sheriff Howard Wells, supervisor Donald Betenbaugh and tax assessor Willie Randall Jr. -- face various federal charges.

Union's former mayor and zoning administrator have served federal prison time for bribes.

Is there anybody in Union County government who has not been arrested for embezzling? And will that person please turn out the lights when he or she finishes emptying the county's bank accounts?

Some Mothers of Bastard Children Want a Lot of Money

Court documents suggest John Edwards is father of Rielle Hunter's baby -- and now it's time to pay.

How's that for a tacky headline?

Seriously, we understand that John Edwards is a disappointment to many and that he may be arrogant and narcissistic and so on and so on and so on. Mostly, we understand that he has a moral and legal obligation to support his child. But look at what the mother of the child wants by way of "child support"--"$17,000 a month from Edwards, a tab that includes... $800 a month for eating out, $400 a month for 'club dues and memberships' and $1,200 a month for a security guard." Ms. Hunter also wants Edwards to "pay her $250 a month to trim her and Frances' locks." This of course, is on top of the "four-bedroom, $535,000 home" that Edwards reportedly purchased for Hunter and the child to live in in Charlotte.

Say, don't they have some sort of cap on child support in North Carolina?

Of course, before anyone begins to feel too sorry for John Edwards, they should read Ex-Wolverine Braylon Edwards being sued for child support:

Jets star and former University of Michigan wide receiver Braylon Edwards is being sued for child support by a former contestant on "America's Next Top Model," the New York Post
reported Friday.

Edwards reportedly fathered a child with Nik Pace, who's suing for up to $70,000 a month.

The Post quoted Pace's lawyer, Raoul Felder, as saying Edwards tried to be recognized as the father in Georgia, where child support payments would likely be lower. Pace is suing in New York.

"Braylon had tried to get the case litigated in Georgia because they are traditionally less generous with child support payments," Felder told the Post. "It's a cold, calculated act to pay less money."

Edwards, 26, doesn't see it that way, at all. "Braylon is a proud father who has loved and supported his child since before he was born," Edwards' lawyer, Randy Kessler, told the Post. "He filed in June to declare himself the legal father and she objected."
$70,000 a month for the support of one child? Where do these lawyers get their nerve? And what about the idea of a child support cap?

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Friday, December 11, 2009

 
TIGER'S ALLEGED MISTRESS WANTED FOR NON-PAYMENT OF CHILD SUPPORT

According to Seattle Washington Channel 5 News:

She is alleged mistress #11 in the ongoing saga of Tiger Woods' apparent affairs and she's wanted by the Department of Social and Health Services.

The television show "Inside Edition" claims Tiger's latest alleged mistress is Joslyn James who could be seen dancing at an adult entertainment convention in Las Vegas last year.

Her real name is Veronica Siwik-Daniels and she appears on the "30 most wanted" list of Washington State's DSHS.

The Web site claims she owes more than $12,000 in child support for her 10-year-old daughter. It lists Daniels' hometown as Las Vegas.

We can understand how a person owing $12,000 in back child support could evade the authorities in South Carolina where 70,000 people who are in arrears on their child support obligations have managed to secret themselves. But how does a highly visible "porn star" who lives in a state with a computerized child support tracking and collection system manage to avoid detection, arrest, and prosecution?

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Thursday, October 15, 2009

 
SET ASIDE CHILD SUPPORT--AVOID JAIL

It has been reported that "Father of Palin's grandson to pose for Playgirl." And it has also been reported "Jackson doctor may face arrest over (non-payment of) child support."

For his sake, we hope the naked boy is paying attention to the doctor's plight and is setting aside some money for his child.

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Friday, July 17, 2009

 
JON ENGAGED? WHAT WILL KATE SAY?

CBS writes “Jon Engaged? What Will Kate Say?” A better question might be, “Does Jon have his child support checks ready to roll?”

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Monday, April 20, 2009

 
"THE REAL COST OF PRISONS"--TELEPHONE TOLL CHARGE PRICE-GOUGING OF INMATES

Click here to access the "The Real Cost of Prisons" Weblog. Click here to access "The Real Costs of Prisons" website itself. One of the issues that is discussed on the site that was of interest to us was the issue of telephone toll charge price-gouging of inmates. As readers of this BLOG may recall, the exorbitant phone rates imposed upon inmates was one of the ways in which former Dorchester County Sheriff Nash was able to maintain a jail slush fund to spend as he pleased without County Council oversight. As readers may also recall, an audit revealed that this particular slush fund was one of the primary sources of the funds former Dorchester County Chief Jailer Arnold Pastor embezzled.

In the Op-ed Piece "A bad call for prisoners" Ronald Fraser writes:
Prisoners who use the telephone to maintain strong family ties will be better prepared to rebuild their lives upon returning home. Why then does Massachusetts allow price-gouging phone companies to drive prison rates for interstate calls sky high, isolating inmates from the outside world? It is time to end telephone price gouging in prisons. If phone companies in Florida, Michigan, Missouri and New York can provide inmates with reasonable rates, so can Massachusetts.
While we do not know whether newly elected Sheriff L. C. Knight has terminated the practice of price-gouging of prisoners for phone use we do think that what is good for Florida, Michigan, Missouri, and New York is good for South Carolina, particularly as it relates to taking money from incarcerated "Deadbeat Dads" that could and should go to their children.

On a related issue, we call everyone's attention to the article Lots of room to grow. Note that the Charleston County Jail houses almost three times the number of inmates it was built to house--many of them "Deadbeats." We wonder if the fines being imposed against these men are being given to Charleston County Sheriff Al Cannon to offset the cost of housing and feeding them. And if not, we wonder if the Charleston County Family Court Judges would be a little more circumspect in the the number of men sent to jail for failure to pay child support if Sheriff Cannon sent the Family Court a bill each month. But, then again, maybe he makes enough money charging prisoners for phone calls and canteen privileges that this "income" offsets the costs of housing and feeding them.

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Sunday, April 05, 2009

 
CALIFORNIA BRINGS US: "FEDERAL PERFORMANCE MEASURES IN A NUTSHELL"

The Child Support and Incentive Act of 1998 changed the method in which incentives are paid to States by the United States Government for increasing child support collections and reducing the Welfare Roles. Some States have not only taken advantage of these incentives, but have created on-line publications both explaining the performance measures and outlining how that State performed. This practice not only serves to help improve performance by increasing accountability, but increases government transparency as well. For an example of how one State keeps its citizens informed on this issue, click Federal Performance Measures in a Nutshell (2/08).

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Tuesday, March 31, 2009

 
IS SOUTH CAROLINA PROPERLY CALCULATING CHILD SUPPORT ARREARAGES?

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.
“So what does all this have to do with calculating child support arrearages?” one may ask. And the answer is simple. Leaving aside the "unresolved questions" of whether past due child support accumulates interest at the rate of 12% or 14% and whether the interest is simple or compound, according to the cases cited by Mr. Forman, some interest accumulates on the past due payments. Therefore, unless the Family Court's computer system is set up to include the interest in the arrearage calculations, those calculations are incorrect. More important, this means that the aggregate arrearage is increasing by at least 12% per annum and thus, is substantially higher than the $1.2 Billion reported. Most important, at least some portion of the 5% fee that the Court deducts from the support payments for "Court Costs" rightfully belongs to the custodial parent and the children.

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Saturday, March 28, 2009

 
DEADBEAT ATHLETES ARE MORE COMMON THAN ONE WOULD THINK

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.

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Thursday, March 26, 2009

 
CALIFORNIA CHILD SUPPORT PERFORMANCE AND STATISTICS SEMI-ANNUAL REPORT

California has recently published Child Support Performance and Statistics Semi-Annual Report for FFY 2008 (October 2007 – March 2008) on-line.

This is what States can do when they have a computerized child support tracking and collection system. They may also be able to obtain massive federal rebates.

South Carolina should take note.

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Monday, March 09, 2009

 
ALABAMA IS LISTED ON SOUTH CAROLINA DSS ABANDONED PROPERTY LIST

According to information posted at this site:
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.
People are mobile, do not always stay in one place, and sometimes move without leaving a forwarding address. Moreover, South Carolina is the only State that has yet to implement the federally-mandated computerized child support tracking and collection system. Therefore, it is understandable why the State would sometimes have trouble locating the payees/obligees/people who are supposed to receive the money which South Carolina has collected on their behalf. So it is commendable that the State is posting this list of payees on the CSED website where people may be able to see it and make arrangements to retrieve their money.

According to the South Carolina DSS Abandoned Property List, ALABAMA CHILD SUP, whose last known address is PO BOX 244015, MONTGOMERY, AL 36124, has failed to claim some money that South Carolina collected on its behalf. So Alabama, if you are reading this, give South Carolina a call; the State of South Carolina has some money for you. And if you are holding money that belongs to South Carolina, we are certain that South Carolina could use it.

If it is true that the State of South Carolina is holding, and probably drawing interest on, money that belongs to the State of Alabama because it does not have a “current address” for the State of Alabama Child Support Division, then what hope do non-institutional obligees have regarding receipt of their money? More important, one has to wonder how much effort the State of South Carolina puts into locating those on the “abandoned property list.” Surely, it cannot be that difficult to locate the address for a State Agency.

Theoretically, everyone in the United States who is both employed and receives a W-2 should be on some State’s Employee New Hire Directory and the State of South Carolina should be able to match them with the names on its abandoned property list. But the reality is that either DSS or some other State agency gets to keep the interest generated on the “abandoned property” so there is a built in disincentive to expend much effort in locating the obligees. Additionally, because South Carolina maintains neither a centralized nor electronically accessible data base of New Hires, we suspect that other States are having trouble locating South Carolina residents who are either entitled to money collected by those States or owe money to residents of those States. In either case, someone is not receiving money they would be receiving if the South Carolina Department of Social Services was doing its job and the South Carolina Legislature had created the Employee New Hire Directory as required by Federal Law.

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Sunday, March 08, 2009

 
COLLECTING FROM THE DEAD--"NEWEST FRONTIER IN DEBT COLLECTION"

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:

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.”
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."

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Tuesday, February 24, 2009

 
SC CHILD SUPPORT ENFORCEMENT SYSTEM REPORT & "STIMULUS" LEGISLATION

We do not know whether DSS has yet presented the South Carolina with "a detailed report on the status of the Child Support Enforcement System including actions currently being undertaken to become compliant with federal government requirements; the cost required to meet minimum federal guidelines; total funds spent so far on the system; the amount of fines assessed by the federal government associated with non-compliance; how much has been spent to satisfy actions taken by the state judicial system; and how much has been spent related to actions taken by any other entity which may have altered the amount required for meeting minimum federal guidelines." However, we remind everyone that this report was supposed to have been submitted to the General Assembly by August 31, 2008. More important, our preliminary review of the "Stimulus" Legislation along with our review of some related government publications indicates that States that are compliant with Federal Law may be eligible for some incentive bonuses. And remember, it is not just the fines that are killing South Carolina--the State has also missed out on incentive bonuses that would have been available had it increased its rate of child support collection and reduced its arrears.

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Thursday, February 12, 2009

 
TAXPAYERS MAY HAVE TO COVER OCTOPLET MOM’S COSTS

The Associated Press has reported:
A big share of the financial burden of raising Nadya Suleman's 14 children could fall on the shoulders of California's taxpayers, compounding the public furor in a state already billions of dollars in the red.

Even before the 33-year-old single, unemployed mother gave birth to octuplets last month, she had been caring for her six other children with the help of $490 a month in food stamps, plus Social Security disability payments for three of the youngsters. The public aid will almost certainly be increased with the new additions to her family.

Also, the hospital where the octuplets are expected to spend seven to 12 weeks has requested reimbursement from Medi-Cal, the state's Medicaid program, for care of the premature babies, according to the Los Angeles Times. The cost has not been disclosed.

We have a suggestion for determining who should pay for the costs of raising these children—the biological parents. That means “Dad” and "Mom”--"sperm donor" and "egg donor." Give him visitation, but make him contribute. And the idiot doctor and hospital administrators who approved this whole fiasco should reimburse the hospital for the costs associated with this dangerous and expensive procedure out of their own pockets. At a time when many Americans cannot afford even basic preventive health care and when social safety net programs are being cut to the bone all over the country, spending limited resources on this kind of self-indulgent procedure borders on criminality. If it isn’t against the law it ought to be.

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