S.C. Dep't of Soc. Servs. v. Martin
| Decision Date | 25 October 2004 |
| Docket Number | 2004-UP-540 |
| Parties | S.C. Department of Social Services, County of Siskiyou, and Debra J. Little, Plaintiffs, v. Michael D. Martin, Respondent. Of Whom, SC Department of Social Services is, Appellant, |
| Court | South Carolina Court of Appeals |
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
Submitted October 1, 2004
Appeal From Greenwood County Billy A. Tunstall, Jr., Family Court Judge
Holly C. Walker, of Columbia, for Appellant.
Billy J. Garrett, Jr., C. Rauch Wise, both of Greenwood, for Respondent.
In April 2003 the family court issued a civil contempt order against Michael Martin for failure to pay child support under a November 18, 1986 California support order. Martin filed a motion for emergency temporary relief, claiming that an order issued in South Carolina on May 8, 1990 modified the California order. Upon reconsideration, the judge vacated his 2003 order after determining the 1990 order terminated Martin's obligations under the California order. We reverse and remand. [1]
Debra Little and Michael Martin's marriage, which began in 1978, produced two children, Trenton and Lisa. After a period of separation, the couple divorced in 1986 in Siskiyou County, California. The court granted custody of Lisa to Little and custody of Trenton to Martin. On November 18 1986, the Siskiyou County Family Support Division ordered Martin to pay $303 per month in child support for Lisa.
On February 27, 1989, the Siskiyou County District Attorney sent a request to the South Carolina Department of Social Services (SCDSS) to enforce the November 18, 1986 order pursuant to the Uniform Reciprocal Enforcement of Support Act [2] (URESA). Siskiyou County and Little also sought $11, 831.00 for medical coverage and arrearage of past due support payments. SCDSS served Martin with the URESA request, which he answered on April 5, 1990.
Prior to a hearing on April 25, 1990, the county and Little entered into an agreement with Martin to reduce Martin's child support payments. The agreement was then incorporated into an order issued on May 8, 1990. Per the order, Martin was to pay $30.00 per week in child support and $10.00 per week toward the arrearage, which was to be determined within 30 days of the date of the order. The parties did not appeal the order nor did the court determine the arrearage.
At some point after May 8, 1990, the Greenwood County Clerk of Court issued two rules to show cause for failure to pay child support. As a result, on April 23, 2003, nearly thirteen years later, Martin appeared pro se to defend SCDSS's allegations that he was in willful contempt of California's 1986 child support order. During the hearing, the SCDSS attorney failed to bring the May 8, 1990 South Carolina order to the court's attention. As a result, the judge issued an order enforcing the November 18 1986 California order.
Martin filed a motion for emergency temporary relief and a hearing was held on June 25, 2003. On October 17, 2003, the judge issued an order vacating his previous order and enforcing the May 8, 1990 order, stating that the court would not have issued the April 23, 2003 order had it known about the May 8 1990 order. [3] The order also stated that the May 8 1990 order was the final order in this matter determining [Martin's] child support obligations, and [the May 8, 1990] final order ended [Martin's] prospective California child support obligations.” This appeal followed.
On appeal from a family court order, the appellate court has jurisdiction to find facts in accordance with their own view of the preponderance of the evidence. Roberson v. Roberson, 359 S.C. 384, 388, 597 S.E.2d 840, 842 (Ct. App. 2004). The appellate court should not, however, disregard the findings of the trial judge who observed the witness and was better able to assess their credibility. Patel v. Patel, 359 S.C. 515, 523, 599 S.E.2d 114, 119 (2004). Cases involving child support are ordinarily left to the discretion of the family court and will only be disturbed on appeal upon a showing of abuse of discretion. Townsend v. Townsend, 356 S.C. 70, 73, 587 S.E.2d 118, 119 (Ct. App. 2003). Abuse of discretion arises when the court is controlled by an error of law or the order lacks evidentiary support. Id.
SCDSS argues that the trial court erred in finding the May 8, 1990 South Carolina support order was final and terminated Martin's prospective California child support obligations. We agree.
The parties agree that the applicable law governing this case is URESA, formerly found in sections 20-7-960 to 1170 of South Carolina Code (1985). [4] Section 20-7-933 of the South Carolina Code (Supp. 2003) grants the family court authority to enforce orders regarding child support, including cases in which the family court has jurisdiction based on URESA. Section 20-7-933 also provides that the family court has the right to modify any such decree, judgment, or order for child support as the court considers necessary upon a showing of changed circumstances.” S.C. Code Ann. § 20-7-933 (Supp. 2003). Therefore, the South Carolina family court had authority to enforce and modify the 1986 California support order when SCDSS sought to enforce the California order on behalf of Siskiyou County and Little.
Section 20-7-1110, however, provides that [a] support order made by a court of this State... does not nullify and is not nullified by a support order made by a court of this State pursuant to any other law or by a support order made by a court of any other state... unless otherwise specifically provided by the court.” S.C. Code Ann. § 20-7-1110 (1985). Section 20-7-1110 clearly provides that a support order made by a court of this State is not nullified by a support order made by a court of another state unless specifically provided by the court.” South Carolina Dep't of Social Services v. Hamlett, 330 S.C. 321, 325, 498 S.E.2d 888 890 (Ct. App. 1998). Thus, in Hamlett, we held that a South Carolina child support order continued as an independently enforceable order regardless of its registration and modification in a foreign state unless specifically nullified by the court pursuant to section 20-7-1110.” Id. at 326, 498 S.E.2d at 890-91.
More recently, in SCDSS/Child Support Enforcement v Carswell, 359 S.C. 424, 597 S.E.2d 859 (Ct. App. 2004), SCDSS sought registration and enforcement of a Washington child support order in South Carolina under URESA. [5] In Carswell, as...
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