Scott v. Scott
Scott v. Scott
Opinion of the Court
**156Michael Scott appeals the family court's order dismissing his outstanding child support arrearage that accumulated after the date he was deemed disabled by the Social Security Administration (SSA) and ordering him to pay his outstanding arrearage that accumulated before his disability. On appeal, Scott argues the family court erred because (1) the finding of disability by the SSA constituted a change in circumstances **157necessary to stop, change, or modify the child support obligation; (2) the money awarded from the SSA should offset his child support obligations; and (3) it failed to properly keep and file documents submitted as evidence. We affirm.
FACTS/PROCEDURAL HISTORY
In October 2011, the family court ordered Scott to pay $320 per month in child support. In February 2014, Scott sought a modification of his child support obligation and provided proof of a pending disability case with the SSA. The family court determined Scott's child support obligation would be reduced to approximately $66 per week. The enforcement of Scott's child support obligation was suspended for six months to determine his disability status.
*441The SSA concluded Scott became disabled on September 26, 2013. It determined Scott was entitled to benefits of $1,069.40 per month beginning in March 2014. A cost-of-living adjustment increased Scott's monthly benefits to $1,087.50 in December 2014. Scott's child was also entitled to Social Security benefits and received a check for approximately $6,500 in past due benefits and an ongoing monthly check of $543.
In April 2015, Scott served the child's mother (Mother) and the South Carolina Department of Social Services (DSS) with an amended complaint. Scott argued (1) his child support obligation should be terminated because of a change in circumstances; (2) his child support arrearages should be "terminated in their entirety, or that any arrearage that accumulated after September 26, 2013[,] be terminated"; and (3) he should be given credit for any "social security payments made to the minor child from September 26, 2013[,] forward because of [his] disability, and that these payments be subtracted from any money [he] owe[d] in child support, including arrearages." Mother counterclaimed, requesting attorney's fees.
The family court found that Scott was required to pay the arrearage that accumulated before the date of his disability. The family court's order stated:
[T]he [c]ourt finds that [Scott] owes the outstanding arrearage as of September 26, 2013, that any part of the arrearage **158that accumulated beyond that date is dismissed as the benefits that the [minor child] is receiving from Social Security are in lieu of [Scott]'s child support going forward and that [Scott] is to pay toward his arrearage that was in place as of September 26, 2013, at a rate of Seventy-Five Dollars ($75) per month due on first of the month thereafter to begin after this Order is clocked and filed with the [f]amily [c]ourt.
This appeal followed.
ISSUES ON APPEAL
1. Should a finding of disability by the SSA be a change in circumstances warranting the modification of a child support obligation in family court?
2. Is a disabled parent allowed to offset his or her child support obligation by the amount of money received by the child from the SSA on account of the disabled parent's disability?
3. Is the family court required to place and keep in the file every document submitted by the attorneys or parties as evidence or argument?
STANDARD OF REVIEW
"In appeals from the family court, [appellate courts] review[ ] factual and legal issues de novo." Simmons v. Simmons ,
CHILD SUPPORT MODIFICATION
Scott argues the family court erred by increasing his child support obligation to $543 per month, the amount the child receives in derivative benefits. He contends the family **159court failed to consider his disability as a change in circumstances, and his child support obligation should have been decreased rather than increased. We disagree.
"A family court has authority to modify the amount of a child support award upon a showing of a substantial or material change of circumstances." Miller v. Miller ,
According to the family court's order, "the benefits that the [minor child] is receiving from Social Security are in lieu of [Scott's] child support going forward." Nothing *442in the family court's order increases the amount of Scott's child support obligation. Instead, the family court's order indicates Scott was no longer required to pay his monthly child support obligation because the minor child was receiving monthly Social Security benefits greater than Scott's child support obligation. Although the SSA deemed Scott disabled, he still has an obligation to support his child. See Peebles v. Disher ,
ARREARAGE
Scott contends he should receive credit toward his arrearage for any amount the child receives from Social Security that is in excess of Scott's existing child support obligation.
**160Scott argues the child receives an overpayment of $261 per month and that amount should be credited toward his arrearage. Scott further asserts the family court erred by not reducing his $7,067.68 arrearage by the lump-sum payment of $6,515 the child received in past-due Social Security benefits. We disagree.
This court has held "a parent is entitled to credit on his child support payments for disability benefits paid for the support of the children." Justice ,
Although South Carolina has clearly established that a parent should get credit for Social Security benefits paid to a minor child, the question of whether a child's excess Social Security benefits should be credited against a parent's arrearage is a question of first impression. We note many jurisdictions deem excess benefits a gratuity on behalf of the child. See Brown v. Brown ,
We agree with these jurisdictions and hold it is proper for the date of disability to be used for the purposes of establishing when Social Security benefits may be utilized as a substitute for income. See Justice ,
MISSING DOCUMENTS
Scott claims that, when he was preparing for his appeal, he requested a complete file of his case from the clerk's office but two documents were missing from his file. This argument is not preserved for our review. Scott did not raise the issue of the clerk's office failing to maintain his file to **162the family court. See Pye v. Estate of Fox ,
CONCLUSION
For the foregoing reasons, the family court's order is
AFFIRMED.
WILLIAMS and MCDONALD, JJ., concur.
We decide this case without oral argument pursuant to Rule 215, SCACR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.