Middleton v. Mitchell

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

Nanette
Middleton, Appellant,

v.

Christopher
Mitchell, Respondent.

Appeal from Beaufort County

Robert S. Armstrong, Family Court Judge

Unpublished Opinion No.  2012-UP-004

Heard October 4, 2011 – Filed January 4,
2012

AFFIRMED

Brian Robert Murphy, of Fort Mill, for Appellant.

Diane Piazza DeWitt, of Beaufort, for Respondent.

PER CURIAM: Nanette
Middleton appeals from the family court's order (1) finding Christopher
Mitchell has a past-due child support obligation, including all applicable
interest, of only $7,291.55 and (2) requiring Mitchell to pay $100 per month to
Middleton, through the Beaufort County Family Court, until the obligation is
satisfied.  The family court found Mitchell's obligation to make ongoing child support
payments for his disabled, adult child is completely offset by the Social
Security Disability payments the child receives as a result of Mitchell's work
history and his own disability.  We find
no error of law or abuse of discretion, and, therefore, we affirm the family
court's order pursuant to Rule 220(b)(1), SCACR, and the following authorities: Lewis v. Lewis, 392 S.C. 381, 392, 709 S.E.2d 650, 655 (2011) ("[C]onsistent
with our constitutional authority for de novo review, an appellant is
not relieved of his burden to demonstrate error in the family court's findings
of fact.  Consequently, the family court's factual findings will be affirmed
unless appellant satisfies this court that the preponderance of the evidence is
against the finding of the family court."); S.C. Code Ann. § 63-3-530
(A)(17) (2010) (authorizing the family court to order child support past the
age of eighteen "where there are physical or mental disabilities of the
child"); Lovett v. Lovett, 311 S.C. 279, 281, 428 S.E.2d 874, 875-76
(1993) (finding Social Security Disability payments received by children as a
result of a parent's disability "operate as an offset in favor of a disabled parent only"). 

AFFIRMED.

SHORT,
WILLIAMS, and GEATHERS, JJ., concur.