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Patterson v. Patterson2/14/2005
child support awards as circumstances warrant, but usually only upon a showing of changed circumstances, including the ability of a supporting parent to pay. Calvert v. Calvert, 287 S.C. 130, 137, 336 S.E.2d 884, 888 (Ct. App. 1985). Furthermore, "to warrant a modification in . . . child support, the change of circumstances must be either substantial or material." Id. at 138, 336 S.E.2d at 888. The amount of child support awarded is within the sound discretion of the trial court whose decision will not be disturbed on appeal absent an abuse of discretion. Millis v. Millis, 282 S.C. 610, 613, 320 S.E.2d 66, 67 (Ct. App. 1984).
Mother testified that a doctor from Charter told her she could not work, though she provided no affidavit to that effect. Susan Lineberger, Mother's counselor, also testified that Mother's "psychiatric limitations would make it almost impossible for anything except a sheltered workshop setting, you know, where they just work for an hour or two a day." However, Lineberger made a contrary statement to the unemployment office. Mother discounted her own witness's contrary statement to the unemployment office that Mother was "okay to return to work on 3-11-2003" by arguing that "Lineberger is not a doctor. She's a counselor." Mother also admitted to signing numerous documents at the unemployment office stating that she was able to work.
Although Mother had no income sources other than her family, they contributed significant amounts towards her child support payments and housing expenses. The trial court determined that they could continue to do so. At the time of trial, Mother was also pursuing a social security disability claim, which the trial court recognized had already been denied twice.
Based on this evidence, the trial court was "not satisfied [Mother was] disabled and [could not] work." The trial court was in a better position to evaluate the parties' 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). Therefore, we find the trial court acted within its discretion in deciding to retain the current child support obligation. The order of the trial court contemplated Mother's situation and provided a reasonable procedure to review and evaluate any changed circumstances in the processing of her disability claim. In its order the court set up a review every ninety days of the status of Mother's social security claim. We will not disturb this decision.
CONCLUSION
For the reasons stated herein, the trial court's decision is hereby Affirmed.
GOOLSBY, HUFF and STILWELL, JJ., concur.
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