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Patterson v. Patterson2/14/2005
Submitted February 1, 2005
AFFIRMED
This is an appeal of the family court's decision in favor of Yancey Patterson (Father) on Kimberly Patterson's (Mother) motion for reduction in child support . We affirm.
FACTS
Yancey Patterson, Father, and Kimberly Patterson, Mother, were formerly married. In 2002, Father received custody of the couple's three children. Mother received standard visitation rights "contingent upon [Mother] providing [Father] with monthly verification that she has seen and met with her mental health doctor and/or counselor." The family court gave Father the right to suspend visitation if Mother did not comply with this order.
Shortly thereafter, Mother was admitted to inpatient treatment at Charter Hospital for alcohol abuse. Upon leaving Charter, Mother was arrested for her third driving while intoxicated (DUI) offense, though she was only convicted of a DUI 2nd. She then admitted herself into Patrick B. Harris Hospital. Following her inpatient treatment, Father suspended Mother's visitation with the children. Mother also successfully completed an outpatient treatment program at Cherokee County Alcohol Commission.
In August 2003, Mother made a motion for reduction of child support and a contempt motion against Father for not allowing her to see the children. Husband answered and counterclaimed for child support arrearages and to terminate or restrict Mother's visitation rights. At a temporary hearing, the trial court found Mother had significant alcohol abuse problems. However, it also recognized that "it appears these problems have subsided and she is continuing counseling."
At the final hearing, following Mother's presentation of her case, the family court found in favor of the Father without the Father presenting any evidence. The trial court determined that Mother "is capable of obtaining employment and is not entitled to a reduction or termination of her child support ." However, while the original support rate of $127.15 per week was to continue to accrue, Mother only had to pay $50 per week until the final disposition of her social security disability claim. This appeal followed.
STANDARD OF REVIEW
In appeals from the family court, this court has authority to find the facts in accordance with our own view of the preponderance of the evidence. Woodall v. Woodall, 322 S.C. 7, 10, 471 S.E.2d 154, 157 (1996). This broad scope of review, however, does not require us to disregard the findings of the trial court. Stevenson v. Stevenson, 276 S.C. 475, 477, 279 S.E.2d 616, 617 (1981). We are mindful that the trial court, which saw and heard the witnesses, was in a better position to evaluate their credibility and assign comparative weight to their testimony. Bowers v. Bowers, 349 S.C. 85, 91, 561 S.E.2d 610, 613 (Ct. App. 2002).
LAW/ANALYSIS
I. Involuntary Dismissal
Mother claims the trial court erred in granting a directed verdict sua sponte for Father at the conclusion of her case. We disagree.
Mother never objected to the family court's action on the record filed with this court. "It is axiomatic that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial judge to be preserved for appellate review." Wilder Corp. v. Wilke, 330 S.C. 71, 76, 497 S.E.2d 731, 733 (1998). Accordingly, this issue is not preserved for our review.
II. Child Support
Mother claims the trial court erred in not reducing her child support obligation even though she was no longer employed. We disagree.
The trial court can modify prospective
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