Lucas v. Sickinger ( 2016 )

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
Grange S. Lucas, Appellant,
v.
Karen Ann Sickinger, Respondent.
Appellate Case No. 2014-002600
Appeal From Charleston County
Jerry D. Vinson, Jr., Family Court Judge
Unpublished Opinion No. 2016-UP-527
Heard November 3, 2016 – Filed December 21, 2016
AFFIRMED
Kerry W. Koon, of Charleston, for Appellant.
Deena Smith McRackan, of Charleston, for Respondent.
PER CURIAM: Grange S. Lucas appeals the family court's order denying his
request for a modification of alimony. Lucas argues the family court abused its
discretion in deciding Karen A. Sickinger's award of social security disability
benefits, subsequent to the couple's divorce, was not an unanticipated and
substantial change in circumstances. We affirm pursuant to Rule 220(b), SCACR,
and the following authorities: Kelley v. Kelley, 324 S.C. 481, 485, 477 S.E.2d 727,
729 (Ct. App. 1996) ("Questions concerning alimony rest with the sound discretion
of the trial court, whose conclusions will not be disturbed absent a showing of
abuse of discretion."); Smith v. Doe, 366 S.C. 469, 474, 623 S.E.2d 370, 372
(2005) ("The trial court abuses its discretion when factual findings are without
evidentiary support or a ruling is based upon an error of law."); S.C. Code Ann. §
20-3-130(B)(1) (2014) (providing periodic alimony is terminable and modifiable
based upon changed circumstances in the future); Butler v. Butler, 385 S.C. 328,
336, 684 S.E.2d 191, 195 (Ct. App. 2009) ("Changes in circumstances must be
substantial or material to justify modification or termination of an alimony award.
Moreover, the change in circumstances must be unanticipated. 'The party seeking
modification has the burden to show by a preponderance of the evidence that the
unforeseen change has occurred.'" (citations omitted) (quoting Kelley, 324 S.C. at
486, 477 S.E.2d at 729)); Calvert v. Calvert, 287 S.C. 130, 139, 336 S.E.2d 884,
889 (Ct. App. 1985) ("Generally, changes in circumstances within the
contemplation of the parties at the time the decree was entered do not provide a
basis for modifying . . . an alimony allowance . . . ."); Sharps v. Sharps, 342 S.C.
71, 78, 535 S.E.2d 913, 917 (2000) ("[A] court hearing an application for a change
in alimony should look not only to see if the substantial change was contemplated
by the parties, but most importantly whether the amount of alimony in the original
decree reflects the expectation of that future occurrence.").
AFFIRMED.
LOCKEMY, C.J., and KONDUROS and MCDONALD, JJ., concur.