Smith v. Smith, No. 21347

• Court: South Carolina Supreme Court
• Writing for the Court: NESS; LEWIS
• Citation: 272 S.E.2d 797,275 S.C. 494
• Decision Date: 08 December 1980
• Docket Number: No. 21347
• Parties: Robert SMITH, Appellant, v. Inez SMITH, Respondent.

Page 797

272 S.E.2d 797 275 S.C. 494 Robert SMITH, Appellant,
v.
Inez SMITH, Respondent. No. 21347. Supreme Court of South Carolina. Dec. 8, 1980.

Page 798

[275 S.C. 495] Andrew M. Jones, Jr., of Mitchell & Jones, Greenville, for appellant.

James J. Raman, Spartanburg, for respondent.

[275 S.C. 496] NESS, Justice:

This involves modifying a support decree. Appellant Robert Smith was ordered to pay his child's medical bills of $951.00 and an increase in child support to $35.00 per week due to a change in circumstances. We affirm.

Appellant first asserts the family court erred in refusing to dismiss the action because respondent Inez Smith commenced the proceeding by motions rather than by summons and petition.

There is no indication in the transcript of record that the lower court ruled on this question. An issue may not be raised for the first time on appeal. State v. McDaniel, S.C., 268 S.E.2d 585 (1980).

Moreover, appellant presented testimony which would constitute a general appearance and waiver of any jurisdictional defect. See Nocher v. Nocher, 268 S.C. 503, 234 S.E.2d 884 (1977).

Appellant next asserts the trial court erred by requiring him to pay the medical bills. We disagree.

The issue is whether extraordinary medical expenses of a child constitutes a change of circumstances warranting modification of a prior support decree.

We conclude a change of circumstances warranting modification of a prior divorce decree may be shown by extraordinary medical expenses when they were not dealt with in the original decree. Witt v. Witt, 271 S.C. 541, 248 S.E.2d 494 (1978); Moesley v. Moesley, 263 S.C. 1, 207 S.E.2d 403 (1974); also see cases collected at 27B C.J.S. Divorce § 322(2) (1959).

Here, the medical expenses were incurred for an injury to appellant's child's knee. The trial judge found this to be a change in circumstances which warranted modification of [275 S.C. 497] the existing support decree, and ordered the appellant to pay the $951.00 medical bill. Witt v. Witt, supra.

Child support is always modifiable upon proper showing of a change in either the child's needs or the supporting parents financial ability. Cason v. Cason, 271 S.C. 393, 247 S.E.2d 673 (1978); Campbell v. McPherson, 268 S.C. 444, 234 S.E.2d 774 (1977). The amount awarded is within the sound discretion of the trial judge, and his ruling will not be disturbed absent an abuse of discretion. Smith v. Smith, 264 S.C. 624, 216 S.E.2d 541 (1975).

Appellant...