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2012-UP-004 - 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Unpublished Opinion No.  2012-UP-004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.