Gardner v. Gardner, 18970
| Decision Date | 29 October 1969 |
| Docket Number | No. 18970,18970 |
| Court | South Carolina Supreme Court |
| Parties | Nellie M. GARDNER, Respondent, v. Charles K. GARDNER, Appellant. |
Matthew Poliakoff, Spartanburg, for appellant.
James J. Raman, Spartanburg, for respondent.
Nellie M. Gardner, the respondent herein, commenced this action on July 12, 1965, against Charles K. Gardner, the appellant herein, in the Juvenile and Domestic Relations Court of Spartanburg County, which was later, by Statute, changed to the Family Court of Spartanburg County. This action was based on a foreign divorce decree granted by the Second Judicial Court of the State of Nevada, seeking to enforce the decree of that court and to make it the judgment of the Family Court of Spartanburg County, and to recover accrued and unpaid alimony installments allegedly due under the aforesaid divorce decree in the amount of $6,550.00, with interest thereon from March 31, 1964, and also seeking future alimony, maintenance and support payments for the wife and one dependent child in the amount of $167.00 per month, together with attorney fees.
The respondent alleges in her complaint that in the Nevada Court a final decree of divorce was granted to her and the appellant and by said decree the absolute custody of Charles Keith Gardner, Jr. and Glen Allen Gardner, minor children of the parties, was granted to her. By the decree the appellant was ordered to pay the sum of $250.00 monthly for the support and maintenance of the respondent and the two children, one-third thereof being allocated to each of them. The payment for the support of the wife was to continue until such time as the wife might remarry and the payments for the children were to continue until they shall become of age or self-supporting, whichever event shall first occur. The finality of the foregoing decree was specifically alleged.
It is then alleged in the complaint that Charles Keith Gardner, Jr. became self-supporting and no claim is made for his support after November 1, 1962. It is further alleged that Glen Allen Gardner is still a minor and not self-supporting. It is also alleged that the respondent had not remarried.
The appellant, by answer, plead a general denial. He also alleged that on February 3, 1965, that the Spartanburg County Court pursuant to the Uniform Reciprocal Enforcement of Support Act, Section 20--311 et seq., of the Code, based on an order obtained in the State of California required the appellant to pay $60.00 per month for the support of the two children and that he should be given credit for the payments so made pursuant to this order, if it should be adjudged that he owes the respondent any sum. He denies that the respondent is entitled to recover any fee for her attorneys.
The Judge of the Family Court of Spartanburg County issued his order dated December 5, 1968, awarding judgment to the respondent against the appellant in the amount of $14,106.49, which includes simple interest through November 30, 1968. The trial judge recites in his order that he has given the appellant credit for payments made pursuant to the order of the court under the Uniform Reciprocal Enforcement of Support Act. He was also given credit for payments made by a Class E Allotment while the appellant was a member of the United States Air Force. It is further stated in the decree that the amount of the payments required under the Nevada Court decree was reduced in accordance with its terms when each of the children became emancipated and when the respondent remarried the payments as to her were terminated.
It is the position of the appellant that the Family Court of Spartanburg County did not have jurisdiction to render a monetary judgment in an action for accrued alimony and support.
The Juvenile and Domestic Relations Court of Spartanburg County was created by an Act of the General Assembly, approved April 24, 1964, 53 Stats., page 2406. Section 7 of the Act, as amended by an Act approved February 13, 1965, 54 Stats., page 38, gives the court concurrent jurisdiction with the circuit court 'in cases of divorce, * * * civil proceedings for the support of wife and dependent children, * * *.'
Family Courts were created by an Act of the General Assembly, approved May 22, 1968, 55 Stats., page 2718. In addition to the jurisdiction given to the Juvenile and Domestic Relations Court above set forth, the Family Court was authorized 'to hear and determine proceedings within the county to compel the support of a wife or In Section 34 of said Family Court Act, it was provided:
'The Court shall have all the power and authority and jurisdiction by law vested in the circuit courts of the State in actions:
(1) For divorce A vinculo matrimonii and A mensa et thoro.
(2) By husband or wife to live separate and apart from the other.
(3) By wife for separate maintenance.
(4) For custody of children, child support, right of visitation and division of personal property, whether the same be in connection with an action for divorce or apart therefrom.'
Under our Divorce Act, Section 20--101 et seq., of the Code, a court of equity has authority to make such orders touching maintenance and alimony for the wife and support for the children as is equitable and just. The Juvenile and Domestic Relations Court and the Family Court of Spartanburg County had concurrent jurisdiction with the circuit court to try divorce cases and matters related thereto.
In Johnson v. Johnson, 194 S.C. 115, 8 S.E.2d 351, we held that a decree for alimony granted by a Florida Court may be established in this state as a local judgment, as was done here, and enforced by equitable remedies as are customary in the enforcement of domestic decrees for alimony in our local courts.
It follows that the Nevada decree was enforcible in this state by the Family Court of Spartanburg County in such manner and by all remedies available for the enforcement of its own domestic decrees and the court also had the right to require the payment of all installments for the support and maintenance of the wife and child which had become due and payable during the pendency of the action.
The appellant charges that the trial judge erred in awarding a judgment against him in an amount greater than was prayed for in the complaint....
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