John R. v. Outi K.

CourtListener 10154623ScctappApr 25, 2012

Full text

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

Case # 1999-DR-23-2327

John R., Respondent,

v.

Outi K. R., Appellant.

Case # 2005-DR-23-4336

John R., Respondent,

v.

Outi K., Appellant.

Appeal From Greenville County

Robert N. Jenkins, Sr., Family Court
Judge

Unpublished Opinion No. 2012-UP-239  

Heard March 12, 2012 – Filed April 25,
2012 

AFFIRMED AS MODIFIED

Outi K. T., pro se, for Appellant. 

Stephen John Henry, of Greenville, for Respondent.

PER CURIAM:  Outi K. T. (Mother) appeals from the family court's order holding
her in contempt for willfully violating a prior order by failing to obtain
employment and file an updated financial declaration.  Among other arguments, Mother asserts the family
court erred in (1) refusing to admit evidence concerning a medical condition that
prevented her from complying with the prior order, (2) finding clear and
convincing evidence established her violation of the prior order was willful,
and (3) ordering her to pay continuing
child support, child support arrearages, John R.'s (Father's) attorney's fees,
and costs related to the hearing.  We affirm as modified pursuant to Rule
220(b), SCACR, and the following authorities: Simmons v. Simmons, 392 S.C.
412, 414, 709 S.E.2d 666, 667 (2011) (providing for de novo review of appeals
from the family court);  Lewis v.
Lewis, 392 S.C. 381, 392, 709 S.E.2d
650, 655 (2011) (recognizing the "superior position of the family court
judge in making credibility determinations" and placing upon the appellant
the burden of convincing the appellate court that the preponderance of the
evidence is against the family court's findings). 

We affirm the family court's
decision but modify the family court's order to extend the time for Mother to
complete payment of the retroactive child support, attorney's fees, and costs
ordered by the family court to August 31, 2012.  See Rule 241, SCACR
(providing family court orders requiring payment of child support, attorney's
fees, or costs in marital litigation are not automatically stayed upon
appeal). 

AFFIRMED AS
MODIFIED. 

FEW, C.J.,
SHORT, J., and CURETON, A.J., concur.

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