406 S.E.2d 381 (S.C.App. 1991), 1669, Croom v. Croom

Docket Nº:1669.
Citation:406 S.E.2d 381, 305 S.C. 158
Opinion Judge:Per Curiam:
Party Name:Charles E. CROOM, Jr., Respondent-Appellant, v. Theodosia S. CROOM, Appellant-Respondent.
Attorney:Peter M. Perrill, Rock Hill, for appellant-respondent. Tony M. Jones, of Elrod & Jones, Rock Hill, for respondent-appellant.
Case Date:June 10, 1991
Court:Court of Appeals of South Carolina
 
FREE EXCERPT

Page 381

406 S.E.2d 381 (S.C.App. 1991)

305 S.C. 158

Charles E. CROOM, Jr., Respondent-Appellant,

v.

Theodosia S. CROOM, Appellant-Respondent.

No. 1669.

Court of Appeals of South Carolina.

June 10, 1991

Heard March 18, 1991.

Rehearing Denied Aug. 5, 1991.

Certiorari Denied Sept. 24, 1991.

Peter M. Perrill, Rock Hill, for appellant-respondent.

Tony M. Jones, of Elrod & Jones, Rock Hill, for respondent-appellant.

PER CURIAM:

[305 S.C. 159] Charles E. Croom, Jr., commenced this action to terminate or reduce alimony payments to his former wife, Theodosia S. Croom. The family court refused to terminate alimony, but did reduce it, based on a finding of changed circumstances. Theodosia appeals the reduction of alimony. Charles cross appeals the refusal to terminate alimony. We affirm in part and reverse in part.

On July 1, 1986, Charles and Theodosia entered into an integrated property settlement and support agreement incident to a marital separation. The agreement was drafted by Charles's lawyer. The agreement recited that the parties had agreed to live separate and apart. They both agreed that either might date and that neither

Page 382

would bring a divorce action against the other upon the ground of adultery. The agreement provided for a division of certain property of the marriage. It further provided that Charles would pay Theodosia $25,000.00 a year in alimony, terminable upon his death or her death or remarriage. Alimony was to be periodically increased or decreased in proportion to changes in the Cost of Living Index. The agreement specified that it would be submitted to the Family Court of York County to be approved by the court and merged into an appropriate judicial order. The agreement finally provided that the terms and conditions of the agreement and any court order approving it "shall not be modifiable by the parties or any court without written consent of the Husband and Wife."

By an order of the family court filed July 3, 1986, the agreement was approved and adopted as the order of the court. With the written consent of Charles and Theodosia, the court filed a second order on November 14, 1986, adopting a further agreement completing the division of the marital property. This second agreement and order did not affect the provisions concerning alimony. It, like the first agreement and order, stated that the agreement and order...

To continue reading

FREE SIGN UP