Frank Rish, Sr. v. Kathy Rish
Syllabus
In this case we address the court of appeals' holding that an approved agreement that alimony is \nonmodifiable\ deprives the family court of subject matter jurisdiction to consider amending the alimony award. We hold the family court always has subject matter jurisdiction to consider modifying alimony, even if it does not have the power to modify a particular \nonmodifiable\ award. In this case, the alimony recipient's decision not to challenge a prior order reducing her alimony by asserting the nonmodifiable language in the divorce decree forfeited her right to enforce the nonmodifiable provision on a subsequent request to terminate alimony. We reverse the court of appeals and reinstate the family court's order terminating alimony.
Cites
8 cases in this archive are cited by this case.
- State v. GentrySupreme Court of South Carolina· 2005-03-07· cited 229×
- Dove v. Gold Kist, Inc.Supreme Court of South Carolina· 1994-03-21· cited 111×
- Moseley v. MosierSupreme Court of South Carolina· 1983-08-30· cited 98×
- Degenhart v. BurrissCourt of Appeals of South Carolina· 2004-08-16· cited 26×
- State v. CampbellSupreme Court of South Carolina· 2008-01-14· cited 19×
- McGrew v. McGrewSupreme Court of South Carolina· 1979-08-21· cited 9×
- Zwerling v. ZwerlingSupreme Court of South Carolina· 1979-06-13· cited 8×
- Hammer v. HammerCourt of Appeals of South Carolina· 2012-06-06· cited 2×
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