Chitwood v. Chitwood ( 2016 )


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  • THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
    CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
    EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.
    THE STATE OF SOUTH CAROLINA
    In The Court of Appeals
    Kimberly A. Chitwood, Respondent,
    v.
    Charles C. Chitwood, Appellant.
    Appellate Case No. 2014-001899
    Appeal From Greenwood County
    Joseph W. McGowan, III, Family Court Judge
    Unpublished Opinion No. 2016-UP-312
    Submitted April 1, 2016 – Filed June 22, 2016
    AFFIRMED
    Thomas E. Hite, Jr., of Hite and Stone, of Abbeville, and
    Scarlet Bell Moore, of Greenville, for Appellant.
    Clarence Rauch Wise, of Greenwood, for Respondent.
    PER CURIAM: In this family court action between Kimberly A. Chitwood
    (Wife) and Charles C. Chitwood (Husband), Husband appeals the family court's
    order amending a divorce decree and increasing his monthly child support
    obligation. Husband argues the family court erred in (1) recalculating child
    support based on the visitation schedule agreed to by the parties, rather than the
    actual number of nights the children stayed with him in the year preceding the
    divorce because the parenting plan allowed the parties to deviate from the
    schedule, and (2) amending the divorce decree pursuant to a Rule 59(e), SCRCP,
    motion because the divorce decree was entered pursuant to a consent agreement
    without the presentation of evidence and a trial on the merits. We affirm.1
    1. We find the family court did not err in recalculating child support based on the
    number of nights the children are scheduled to stay with Husband under the agreed
    upon visitation schedule, rather than the number of nights the children stayed with
    Husband in the year preceding the divorce. See Simmons v. Simmons, 
    392 S.C. 412
    , 414, 
    709 S.E.2d 666
    , 667 (2011) ("In appeals from the family court, [the
    appellate] [c]ourt reviews factual and legal issues de novo."); Eason v. Eason, 
    384 S.C. 473
    , 479, 
    682 S.E.2d 804
    , 807 (2009) ("[T]he appellate court has jurisdiction
    to find facts in accordance with its view of the preponderance of the evidence.");
    Lewis v. Lewis, 
    392 S.C. 381
    , 392, 
    709 S.E.2d 650
    , 655 (2011) ("[A]n appellant is
    not relieved of his burden to demonstrate error in the family court's findings of
    fact."); Gaffney v. Gaffney, 
    401 S.C. 216
    , 221, 
    736 S.E.2d 683
    , 686 (Ct. App.
    2012) ("The burden is upon the appellant to convince the appellate court that the
    preponderance of the evidence is against the family court's findings."); Heins v.
    Heins, 
    344 S.C. 146
    , 158, 
    543 S.E.2d 224
    , 230 (Ct. App. 2001) ("Unambiguous
    marital agreements will be enforced according to their terms."); 
    id.
     ("Where an
    agreement is clear and capable of legal interpretation, the court's only function is to
    interpret its lawful meaning, discover the intention of the parties as found within
    the agreement, and give effect to it.").
    2. We find the second issue is unpreserved. See Gartside v. Gartside, 
    383 S.C. 35
    ,
    43, 
    677 S.E.2d 621
    , 625 (Ct. App. 2009) ("But for a very few exceptional
    circumstances, an appellate court cannot address an issue unless it was raised to
    and ruled upon by the family court."); Herron v. Century BMW, 
    395 S.C. 461
    , 466,
    
    719 S.E.2d 640
    , 642 (2011) ("[T]he issue must be sufficiently clear to bring into
    focus the precise nature of the alleged error so that it can be reasonably understood
    by the judge."); State v. Dunbar, 
    356 S.C. 138
    , 142, 
    587 S.E.2d 691
    , 694 (2003)
    ("A party may not argue one ground at trial and an alternate ground on appeal.").
    AFFIRMED.
    HUFF, KONDUROS, and GEATHERS, JJ., concur.
    1
    We decide this case without oral argument pursuant to Rule 215, SCACR.
    

Document Info

Docket Number: 2016-UP-312

Filed Date: 6/22/2016

Precedential Status: Non-Precedential

Modified Date: 10/22/2024