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Simplifying the Child Support Processes as an Access to Justice Issue: Pro Se Modification Forms

Simplifying the Child Support Processes as an Access to Justice Issue: Pro Se Modification Forms. Gale DuBose, Esquire Robin Wheeler, Esquire Tuesday, May 20, 2014 ERICSA Conference. Workshop Objectives. Administrative Order Establishment and Judicial Systems Considerations:

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Simplifying the Child Support Processes as an Access to Justice Issue: Pro Se Modification Forms

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  1. Simplifying the Child Support Processes as an Access to Justice Issue: Pro Se Modification Forms Gale DuBose, Esquire Robin Wheeler, Esquire Tuesday, May 20, 2014 ERICSA Conference

  2. Workshop Objectives • Administrative Order Establishment and Judicial Systems Considerations: • Parents involved in child support fully understand their rights and responsibilities. • Fairness and due process require that child support systems – particularly where parents are unrepresented – be simple and easy to understand. • Funding • The benefits of simpler child support systems • The importance of collaboration: • legal service providers, • bar associations, and • local access to justice commissions. • Strategies: • Online Resources • www.Modifychildsupportsc.com • www.sclawanswers.org • www.lawhelp.org/sc • http://www.sccourts.org/selfHelp/index.cfm • Court Forms/Packets • Other • Self-Help Centers • Hotlines • Clinics

  3. $38,000/yr x 18 yrs x 2 = $1,368,000 $38,000/yr. x 18 yrs = $684,000 $3,660,000 Social Cost $30,000/yr. x 20 yrs = $600,000 $56,000/yr. x 18 yrs = $1,008,000

  4. THE Grant • OCSE funded • One of three Special Improvement Projects to Address the Economic Downturn on IVD Projects • Technology – Partnered with South Carolina Legal Services • ProBono.net • LawHelp.org • Law Help Interactive

  5. Benefits of Simple Child Support Process • Accessible Information • Easily Understood, Easily Followed • Uniformity • Broad Acceptance • Parties • Clerks of Court • Judges

  6. Partners: South Carolina Center for Fathers and Families Legal Services Court Administration Department of Social Services Integrated Child Support Services Access to Justice Commission Bar Foundation Counsel to the Chief Justice of the Supreme Court

  7. Process • Get buy-in from entities • Develop working relationships • Forms first • Court approval • Breaking it down: Interview Questions • First Level Practice – partners • Second Level Practice – community volunteers • Video script • Written • Automated • Sent to Clerks, DSS Staff, DSS and Private Lawyers for final testing • Video • Marketing

  8. Critical Elements • Court approved Forms • Knowledge of the System • Experience with the Process • Use of Plain Language • Commitment, Trust, Respect, Flexibility • Strong Point Person • Time to Manage the Project

  9. Patience!

  10. www.Modifychildsupportsc.com

  11. Filing Your Paperwork

  12. Forms for Plaintiff • Plaintiff’s Instructions (Decrease or Increase Child Support) • Family Court Coversheet • Family Court Summons • Complaint (Decrease or Increase Child Support) • Motion and Affidavit to Proceed In Forma Pauperis • Financial Declaration • Case Party Information Sheet • Acceptance of Service (Child Support Modification) • Affidavit of Service • Request for Hearing (Child Support Modification) • Affidavit of Service by Mailing (Notice of Hearing) • Script for Plaintiff’s Testimony (Decrease or Increase Child Support) • Order - (Decrease or Increase Child Support) • Support Information Sheet

  13. Forms for Defendant Defendant’s Instructions (Decrease or Increase Child Support) Financial Declaration Defendant’s Answer (Decrease or Increase Child Support) Affidavit of Service by Mailing (Answer)

  14. South Carolina Financial Declaration

  15. Service of Process

  16. Service of Process • Acceptance of Service • U.S. Mail • Sheriff’s Office • Private Process Server • Service by Commercial Delivery Service** • UPS • FedEx • Must be approved by IRS

  17. SCRIPT

  18. Order

  19. Additional Online Resources www.sclawanswers.org www.lawhelp.org/sc http://www.sccourts.org/selfHelp/index.cfm

  20. Court Forms and Packets Self-Represented Child Support Modification Packets http://www.sccourts.org/forms/indexSRLChildSupport.cfm Self-Represented Litigant Simple Divorce Packets http://www.sccourts.org/forms/indexSRLdivorcepacket.cfm

  21. Self-Help Centers • South Carolina • Newberry County Self-Help Center Pilot Program • Southeast Models • North Carolina • Mecklenburg County – District 26 • Georgia • Stone Mountain Judicial Circuit, DeKalb County Family Law Information Center • Cobb County Law Library • Augusta Family Law Center

  22. California Self-Help Centers and Family Law Facilitators GREEN = combined Self-Help Center and Family Law Facilitator location. YELLOW = Self-Help Center location. BLUE = Family Law Facilitator location. PURPLE = very limited hours or offerings.

  23. Minnesota: Minnesota Judicial Branch Fourth District serving Hennepin County

  24. South Carolina Clinics Department of Social Services Integrated Child Support Services Legal Services Bar Rural Justice: USC School of Law Pro Bono and Access to Justice Commission

  25. Thank you Gale R. DuBose 803-732-2593 gdubose@scfathersandfamilies.com Robin F. Wheeler 803-576-3808 rwheeler@scbar.org

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