Dake v. Painter, 22489
| Decision Date | 05 March 1986 |
| Docket Number | No. 22489,22489 |
| Court | South Carolina Supreme Court |
| Parties | Patricia J. DAKE, formerly Patricia J. Painter, Appellant, v. Robert M. PAINTER, Respondent. |
William H. Bowen of Bowen, Smoot & Laughlin, Hilton Head Island, for appellant.
Bethea, Jordan & Griffin, Hilton Head Island, for respondent.
Appellant contends that the family court committed error in reducing child support. We agree.
Under an order dated February 3, 1984, respondent was required to make child support payments in the amount of $260.00 every two weeks. The order under appeal reduced the level of child support to $225.00 payable twice a month. Because a reduction in child support was not requested by the pleadings, the family court erred in reducing the frequency and amount of the child support payments. Gainey v. Gainey, 279 S.C. 68, 301 S.E.2d 763 (1983); Bass v. Bass, 272 S.C. 177, 249 S.E.2d 905 (1978); Bryan v. Bryan, 282 S.C. 506, 319 S.E.2d 360 (S.C.App.1984).
Appellant's remaining exception is without merit, and is affirmed under Supreme Court Rule 23. Accordingly, we reverse the reduction in child support and affirm the remaining portions of the order. Costs under Supreme Court Rule 38 shall be taxed against the respondent.
AFFIRMED IN PART AND REVERSED IN PART.
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...court cannot award relief beyond the scope of the pleadings. Aiken v. Aiken, 288 S.C. 370, 345 S.E.2d 710 (1986); Dake v. Painter, 288 S.C. 118, 341 S.E.2d 620 (1986). A request to enforce an agreement not incorporated or merged in a prior order is not a request to adopt the agreement. See ......
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...DSS had ever filed an action seeking the continuation of child support beyond Toran's eighteenth birthday. See Dake v. Painter, 288 S.C. 118, 118, 341 S.E.2d 620, 620 (1986) (holding the family court had no authority to reduce amount or frequency of child support payments where neither was ......