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In re Gandy

Supreme Court of South Carolina
Nov 6, 2024
No. 28239 (S.C. Nov. 6, 2024)

Opinion

28239 Appellate Case 2024-000611

11-06-2024

Catherine Crosby Gandy, Petitioner, v. John Wilson Gandy, Jr., Respondent.

Carolyn R. Hills and Jennifer Darrow Hills, both of Hills & Hills, PC, of Myrtle Beach; and Rebecca Brown West, of Harling & West, LLC, of Lexington, all for Respondent. George M. Hearn, Jr. and Kathleen Wrenn Hearn, both of Hearn & Hearn, PA, of Conway; and Marie-Louise Ramsdale, of Ramsdale Law Firm, of Mount Pleasant, all for Petitioner. Russell W. Hall, III, of The Law Office of Russell W. Hall III, of Myrtle Beach, as the Guardian ad Litem.


Submitted September 25, 2024

Appeal From Horry County The Honorable FitzLee McEachin, Family Court Judge

Carolyn R. Hills and Jennifer Darrow Hills, both of Hills & Hills, PC, of Myrtle Beach; and Rebecca Brown West, of Harling & West, LLC, of Lexington, all for Respondent.

George M. Hearn, Jr. and Kathleen Wrenn Hearn, both of Hearn & Hearn, PA, of Conway; and Marie-Louise Ramsdale, of Ramsdale Law Firm, of Mount Pleasant, all for Petitioner.

Russell W. Hall, III, of The Law Office of Russell W.

Hall III, of Myrtle Beach, as the Guardian ad Litem.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

PER CURIAM

Petitioner seeks a writ of certiorari to review the court of appeals' decision reversing the family court's order awarding Petitioner rehabilitative alimony. Gandy v. Gandy, 442 S.C. 340, 898 S.E.2d 208 (Ct App. 2024). We grant the petition on Petitioner's Question II, dispense with briefing, and remand the case to the family court for recalculation of child support. We deny the petition on Petitioner's Question I.

Petitioner asserts the court of appeals should have recalculated the child support payments after reversing the alimony award. As required by the Child Support Guidelines, the family court considered the alimony awarded to Petitioner when calculating the child support payment. See S.C. Code Ann. Regs. 114-4720(7) (Supp. 2024). Because the court of appeals properly reversed the alimony award, the child support payments must be recalculated. Therefore, we remand this case to the family court to recalculate child support, including consideration of the fact Petitioner will not be receiving alimony.

REMANDED.

KITTREDGE, C.J., FEW, JAMES and HILL, JJ., concur.

VERDIN, J., not participating.


Summaries of

In re Gandy

Supreme Court of South Carolina
Nov 6, 2024
No. 28239 (S.C. Nov. 6, 2024)
Case details for

In re Gandy

Case Details

Full title:Catherine Crosby Gandy, Petitioner, v. John Wilson Gandy, Jr., Respondent.

Court:Supreme Court of South Carolina

Date published: Nov 6, 2024

Citations

No. 28239 (S.C. Nov. 6, 2024)