Jones v. Jones, 20620

• Decision Date: 23 February 1978
• Docket Number: No. 20620,20620
• Citation: 241 S.E.2d 904,270 S.C. 280
• Court: South Carolina Supreme Court
• Parties: Doris F. JONES, Respondent, v. Paul Ray JONES, Appellant.

Page 904

241 S.E.2d 904

270 S.C. 280

Doris F. JONES, Respondent, v. Paul Ray JONES, Appellant.

No. 20620.

Supreme Court of South Carolina.

Feb. 23, 1978.

W. T. Johnson, Jr., Conway, for appellant.

Eldridge R. Inman, Conway, for respondent.

GREGORY, Justice:

This appeal is from the order of the lower court awarding Mrs. Jones lump sum alimony and the exclusive use of the family residence. We affirm the award of lump sum alimony and remand to the lower court in accordance with Rule 27 of the Family Court Rules on the issue of Mrs. Jones' use of the family residence.

Mr. and Mrs. Jones were married in the early 1950's and have three children. At the time of these proceedings the oldest child was 24 and the two minor children were 16 and 9. In June 1973 Mrs. Jones initiated an action against her husband for a divorce a vinculo matrimonii on the grounds of physical cruelty, habitual drunkenness, and adultery. In an order dated January 15, 1977, the lower court granted Mrs. Jones' prayer for a divorce on the grounds of physical cruelty and habitual drunkenness; awarded Mrs. Jones custody of the two minor children and the use of the family residence "so long as she does not remarry" and all furnishings therein; and ordered Mr. Jones to pay $36,000 as lump sum alimony or in lieu thereof to pay $150.00 per month from January 1977 through October 1977 and then convey to Mrs. Jones all of the cleared land on his farm for a term of twelve years so that she can rent the same for her support.

Mr. Jones appeals from the award of lump sum alimony and the provisions for an alternate method of payment, and from the award to Mrs. Jones of the use of the family residence.

In equity actions such as this where the case was heard by the family court judge, this Court will review the entire record for the purpose of determining the facts in accordance with our own view of the preponderance of the evidence. Wood v. Wood, S.C., 239 S.E.2d 315 (1977).

Mrs. Jones testified that appellant had failed to provide for her support and the support of their children for a period of five years preceding this action. She testified that Mr. Jones had been using alcohol excessively for at least ten years, and had not been regularly employed for some time. Her attempts to obtain support from him through legal process were thwarted when he moved to North Carolina to evade the support orders. The unsettled estate of Mr. Jones' mother provided some support for Mrs. Jones and her children, and Mrs. Jones' family assisted her to a large extent. Mrs. Jones testified that Mr. Jones told her he would leave the country before he would support his family.

Mr. Jones did not attend the hearing and presented no testimony.

When the estate of Mr. Jones' mother was settled, he inherited 245 acres more or less of farm land and wooded property located in Horry County and valued at approximately $98,183.50. Forty acres are cleared and have a tobacco allotment of 15,289 pounds. Additionally, Mr. Jones inherited a partial interest in a tract of land in North Carolina which he sold for $25,000.00. Mrs. Jones received $9,000.00 from the sale. She used a portion to...