South Carolina Gov. Mark Sanford vetoed a bill in May that he called a "back-door tax increase," which would boost fees for filings in family courts. State Supreme Court Chief Justice Jean Toal said that the hike was necessary to keep state courts functioning in South Carolina.
The bill proposed increasing the fees for car registration, hunting and fishing licenses, as well as various court fees. The increases were estimated to bring in an additional $45 million. That amount still would not be enough to cover the state's budgetary shortfall.
Since 2003, the state budget has increased by 47 percent and tax revenue has idled during the recession. With public education spending already cut to 1995 levels, state legislators are looking for additional ways to bring in revenue.
The veto letter submitted by Sanford's office states, "There is something fundamentally wrong when the judiciary must depend upon increased fees on the courts' users for its existence." Sanford later stated, "For somebody who is teetering on the edge financially, it may mean the one avenue they have to access their government may be more prohibitive and more difficult to access."
Rep. Dan Cooper, Republican chairman of the House Ways & Means Committee, counters, "according to the court administration, if those fees are not adopted, they'll only be able to hold court four months out of the year."
The bill increases family court filing fees by $50 and all other filing fees by $150. Fees for filing motions would triple, going from $25 to $75. Increased filing fees often create an additional hurdle for people to use the legal system who need it most. A couple who can come to an agreement on most of the issues and wishes to pursue an uncontested divorce may be reluctant or unable to proceed. Those with more contentious divorces would likely face significant increases in the overall cost of the process.
For couples considering divorce, whether contested or uncontested, it is important to consider working with an experienced attorney. Coming to an equitable agreement for child custody, child support, division of property, health care and retirement funds is a challenging process. Attorneys can also help to expedite filing times, eliminate filing errors and work to make sure that both parties keep the issues in perspective.







