Child Support and the United States Supreme Court!

Many have argued for years the unfairness of "daddy round-ups" in Child Support Enforcement Cases.  What started out as a means to make a non-custodial parent assist financially with a child when the custodial parent files for federal benefits and assistance, has turned into a rotating door of jailhouse sentences for so called "dead beat parents." 

One parent, Michael Turner, is fighting a part of this process in the state of South Carolina.  Michael Turner has appealed his case to the highest court in the land, the United States Supreme Court.  Oral arguments were heard on the case March 23, 2011.

Whether an indigent defendant has a right to court-appointed counsel when faced with being sent to jail for violating a state court order, and whether this is the kind of case that the Supreme Court can consider.  Many have previously questioned this right, especially in child support enforcement cases.  When a judge holds a person in contempt for disobeying a court order, they do so under the premise of civil guidelines, not criminal guidelines.  However, the pay it all or go to jail mentality has caused many parents who are behind on child support payments to GO STRAIGHT TO JAIL, and begs the question of just how the South Carolina Family Court System is differentiating between civil contempt and criminal punishment.


You can find more information on Turner v. Rogers by clicking here.  Updates will be posted once the Supreme Court Justices have made a ruling in this matter.

Blaming the Victim!

Attached you will find the link to a story of an alleged gang rape.  The rapists range from the ages of 14 to 27, and there were supposedly 20 of them, who recorded their acts on a cell phone and then forwarded the same to friends, etc.  The alleged victim is an 11 year old female.  However there are some in the general public who are actually turning their blame to the 11 year old and her parents.  They are questioning her conduct and upbringing, but not questioning that of the alleged perpetrators of the crime.  Still blaming the victim?  Hard to understand how an uproar can be so loud for the abuse of animals, but when a human is abused or hurt at the hands of another human, you barely hear a whisper.  Read the article and you decide.

Residency Requirements for Divorce in South Carolina

All states have residency requirements that must be met before a person files a Petition or Complaint for divorce or dissolution. This is the only way that a state’s court has the right (jurisdiction) to make legal decisions about your marital status and issues related thereto.

Residency requirements are based upon the length of time that a person resides in a particular state and vary. If a husband and wife who are separated live in two separate states, they may satisfy the residency requirements in each state, and can therefor file for divorce in either state. However your attorney may recommend in a contested cases, that the person filing the Petition or Complaint should file for the divorce in the spouse's state of residency to ensure the court has the ability to have contempt powers over the party (through personal jurisdiction).

If a spouse is enlisted in the military, the residency requirements may be satisfied in three separate states: (1) the state in which the enlisted spouse is stationed; (2) the enlisted spouse’s actual state of residency; and (3) the civilian spouse’s state of residency.

For the State of South Carolina, Residency requirements are as follows:
"In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action. The terms 'residents' or 'resided' as used in this section as it applies to a plaintiff or defendant stationed in this State on active duty military service means a continuous presence in this State for the period required regardless of intent to permanently remain in South Carolina." [South Carolina Code of Laws]

Can I Date Once I am Separated from My Spouse?

You have been separated from your spouse for a while now.  You both want to move on with your lives.  You wonder....can you date?

In the state of South Carolina, there is no such thing as a "legal separation" as in other states, or like you hear on television.  South Carolina divorces are all based on "fault."  As a result, once you live separate and apart from your spouse, you may still be sued for a divorce on the basis of adultery.  The only way to not have to defend yourself from this fault based divorce reason is not give your spouse any reason to think or believe that you are seeing someone else.

As a family law attorney, it is my recommendation to those who are separated to take this time to get your affairs in your life in order.  This is a time to focus on you and your children if you have any and how you plan to move forward with your life.

Although there are certain circumstances where adultery allegations may be avoided, I advise seeking the advice of a family law attorney before you decide "to date" while separated, but not divorced from your legal spouse.

Control Abortion by Redefining Rape?

     Have you heard of the House Law, also known as H.R. 3?  In short, this bill is trying to limit the ways in which federal programs, like Medicaid, would be used to pay for abortions.  The issue in this write-up is not about the abortion issue.  The issue here is the way in which the government is trying to redefine the meaning of what is a rape as its means to an end. 

     H.R. 3 says that federally funded programs would kick in only in cases of forcible rape, a distinction from other forms of rape that is largely undefined but seems to suggest that a rape that doesn't include violence wouldn't count. The bill would also limit the incest exemption to women under the age of 18 -- meaning a victim of incest who was legally allowed to vote wouldn't have her abortion covered by Medicaid and would likely have more limited access to private insurance than she does today. 

    So if a man, woman or child is given a roofie and raped, is it forcible rape? What about the 13 year old minor and his or her adult teacher.....is that forcible?  What about those that are mentally incompetent?

   Would redefining rape in this instance give cause for rapists to state that if the federal government doesn't call it rape that the State Laws can't call it rape?  Is the government putting women and children particularly at risk?  I was always under the impression that No Means No!  However the sponsor of this bill and those who agree with him are saying No Only Means No if it's a forcible rape;  remembering that "forcible rape" is not a term that is defined by federal law. It would be very unfortunate to put into place a law with such vague and unclear language, not to mention dangerous. 

    The bill's sponsor is Rep. Chris Smith (R-NJ). Smith is a chair of the House Pro-Life Caucus, a bipartisan group of anti-abortion legislators  You can read the entire bill here. 

    I have enjoyed the rather zealousness at which our country has claimed its independence via the power of the vote. Sadly, I have also seen people vote out of fear and emotion, rather than by knowing exactly where our politicians stand on the issues.  I implore the women of the nation to be on notice.  If you are not, we may find ourselves repeating the same fight and battles as those who came before us!   Lines must be carefully drawn when trying to make limitations on one thing (abortion) will affect another (what is a rape?).  February is not only Black History Month, but it is the second year for the annual recognition of Teen Dating Violence Awareness Month!   As we ponder the words in this article, think of the children it will affect.  Teens face abuse at alarming rates as they are learning about relationships and growing into young men and women. 

     If you are in the State of South Carolina, and need more information about Sexual Assault/Rape and Teen Dating Violence please contact the South Carolina Coalition Against Domestic Violence and Sexual Assault or call the National Rape & Abuse Hotline 1-800-656-HOPE (4673) .