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2012-UP-239 - John R. v. Outi K.

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Unpublished Opinion No. 2012-UP-239  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.