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Thursday, May 07, 2009

 
SOUTH CAROLINA DSS NONCUSTODIAL PARENT'S APPLICATION FOR CHILD SUPPORT SERVICES

Click here to access the South Carolina Noncustodial Parent's Application for Child Support Services. We are not sure that this service is of much help to anyone because, even if DSS determines that a noncustodial parent is entitled to a child support reduction, the noncustodial parent will not be provided with an attorney to make the application for that reduction. In the meantime, DSS's lawyers will enforce the Order of Support on behalf of the custodial parent.

So you noncustodial parents--Good luck in either going up against DSS unrepresented by counsel or in explaining to the Court how you have money to pay a lawyer, but no money to pay your child support.

Times are tough and going to get tougher for many noncustodial parents. As Timmy Mallard, son of long-time Family Court Judge Bobby Mallard said, "For so many people, careers in real estate are no longer a viable way to provide for one's family." We may soon see the jails filled with men who used to be in the real estate, construction, and automobile businesses.

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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.

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Sunday, March 01, 2009

 
ASSISTING NON-CUSTODIAL PARENTS WITH ACCESS & VISITATION

Before we go too far in one direction on the issue of child support collection, we would like to remind everyone of this post. More important, we would like to call attention to this Grant Program.

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Saturday, February 28, 2009

 
DAVID BARDES: ANOTHER FATHER WHO IS MAD AND NOT GOING TO TAKE IT ANYMORE

Those readers who have electronic access to Federal Court documents may want to review the Complaint David Bardes filed against the South Carolina Department of Social Services and the Charleston County Council. We are somewhat familiar with both Mr. Bardes and his grievances with the Family Court and DSS. Click here to read an old letter he sent to DSS and click here and scan down to review his comment to one of our posts.

We do not agree with Mr. Bardes 100%, however, we think he has some legitimate complaints, particularly given some of the recent problems exposed at DSS. Among other things, he objects to the imposition of the 5% child support payment processing fee which, according to this post, is not supposed to go into effect until "implementation of the State wide Child Support System," presumably whenever this Legislation is enacted. And as the comment to "IS THERE UNMONITORED TAXATION IN SC FAMILY COURT?" demonstrates, Mr. Bardes is not alone in his dissatisfaction.

We are at a loss as to how the Family Courts have apparently managed to ignore Court Orders and prematurely increase the child support processing fees. If not authorized either in the Final Support Orders or by Statute, from where does the authority to impose "Court Costs" of 5% come? As $67 Million and counting of fines demonstrates, South Carolina is nowhere close to "implementation of the State wide Child Support System."

If (the editorial) we were members of the South Carolina General Assembly we would take a good, long, hard look at not only this 5% "Court Cost" assessment, but at all the fees and fines that are running through the Family Court accounts. We would also give some serious consideration to passing this legislation.

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Monday, January 19, 2009

 
"KEEPING THEM OUT OF JAIL"--IS THIS PROGRAM COST EFFECTIVE?

The program featured in this article appears to be the kind of program that we could support. Among other things, it teaches job skills to former inmates so that they can earn money to meet their child support obligations. That, in turn, may help alleviate jail overcrowding, reduce the welfare rolls, lessen the need to construct more jails, and reduce the Family Court Docket. Our only question is whether the public is getting its money's worth on the $30,000--mostly taxpayer money--being spent to train each participant.

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Friday, June 20, 2008

 
HELPING FATHERS BE RESPONSIBLE TO THEIR CHILDREN

In BRING DADS BACK TO THE FAMILY, Kathleen Parker comments on Barack Obama's recent call for responsible fatherhood. She writes:

In Obama's words:

"We know that more than half of all black children live in single-parent households, a number that has doubled -- doubled -- since we were children. We know the statistics -- that children who grow up without a father are five times more likely to live in poverty and commit crime; nine times more likely to drop out of schools and 20 times more likely to end up in prison. They are more likely to have behavioral problems, or run away from home or become teenage parents themselves. And the foundations of our community are weaker because of it."

Obama is right on all of the above, but the stats are even worse. More than 70 percent of black children are born out of wedlock. Since 1960, we've tripled the number of American children living in fatherless homes, from 8 million to 24 million. The population as a whole increased just 1.7 times during that period.

What Obama fails to mention is that the problem of absent fathers, especially in the black community, is tied in part to well-intentioned social programs.

As I point out in my book, "Save the Males: Why Men Matter; Why Women Should Care," cracking down on deadbeats is one of those guaranteed applause-getters, but most of the fathers of whom Obama spoke make less than $10,000 a year -- or are unemployed.

Throwing them in jail won't help children much, either financially or psychologically. The truth, meanwhile, seems unwelcome in political circles: Most employed men pay their child support in full and on time, and always did, without government prodding.

We note with skepticism Ms. Parker's claim that "Most employed men pay their child support in full and on time, and always did, without government prodding." We also rolled our eyes at her claim "that the problem of absent fathers, especially in the black community, is tied in part to well-intentioned social programs." However we do agree that incarcerating everyone who is delinquent on their child support obligations is neither a panacea nor always the best approach to take. What we need is "a well-intentioned program" that contributes to solving the problem as opposed to contributing to the problem. Or as Thomas Keith writes, we Need jobs, not jail, for 'deadbeat' dads.

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Thursday, June 09, 2005

 
STATE ASSISTANCE WITH VISITATION IN SOUTH CAROLINA

If a person obligated to pay child support in South Carolina is behind in that obligation, then The Child Support Enforcement Division (CSED) will assist the (usually) custodial parent in collecting the arrearage. That assistance may include bringing the full power of the State to bear on the obligor parent in the form of prosecuting a charge of Contempt.

On the other hand, the CSED does not have the authority to address custody and visitation issues on behalf of either parent. The CSED can only assist in the establishment of paternity and the establishment and enforcement of child support orders.

Study after study has demonstrated that children who receive the financial and emotional support of both parents are happier, perform better in school, and are more emotionally stable. That being the case, it would seem that the State would have an interest in assisting "non-custodial parents" in securing their visitation rights as well as their access to participate in their children's upbringing.

While dramatic reforms in this area do not appear to be on the horizon, some help in on the way. The CSED has recently initiated a pilot project called "Visitation Involvement Parenting (VIP)" in which the CSED provides mediation services for the parents to establish a plan for access and visitation so that children can have the benefit of both parents actively participating in their lives. The VIP Program also provides employment and training services for the non-custodial parent so that he/she can adequately provide financial support for the child. And the VIP Program will provide instruction to both parents on how to request help from the Family Court to enforce Visitation Orders.

At present, the VIP Program is available only in Colleton, Fairfield, Kershaw and Richland Counties. In order to be eligible for the VIP Program both parents must live in one of these counties or the non-custodial parent must live in one of these counties and the custodial parent must agree to travel to the county where the non-custodial parent lives for any classes or mediation sessions.

Those interested in the VIP Program in Colleton County should contact Mahalia Campbell, VIP Program, Colleton County, 215 S. Lemacks St., Walterboro, SC 29488, Telephone: (843) 549-1894.Those interested in the VIP Program in Fairfield, Kershaw or Richland Counties, should contact: Linda Cook, VIP Program Columbia Region II Child Support Office, PO Box 12703150 Harden Street Ext., Suite 103 Columbia, SC 29202-1270.

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