Benson B. Berry and Melissa Wells-Berry - Page 4

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               Petitioner and Ernestine were divorced on May 29, 1991, by a           
          Final Divorce Decree entered by the Family Court of the Third               
          Judicial Circuit of Sumter County, South Carolina.  The divorce             
          decree states, in pertinent part:                                           
                    Before proceeding, Counsel advised the Court that the             
               parties had entered into an agreement which resolved all of            
               the issues before the Court except the issue of divorce and            
               the issue of attorneys fees.  The agreement was recited as             
               follows:                                                               
               1.   Mrs. Berry would retain the sole care, custody and                
               control of the parties’ four children.  Mr. Berry would have           
               reasonable and liberal visitation with them, including one             
               week at the beginning and end of each Summer, provided such            
               was acceptable to the children.                                        
               2.   Mr. Berry would pay child support in the amount of                
               $625.00 per month to Mrs. Berry, by direct military                    
               allotment, beginning June 1, 1991, and monthly thereafter.             
               On or about October 15, 1995, the Family Court of the Third            
          Judicial Circuit of Sumter County, South Carolina, entered a                
          Qualified Domestic Relations Order (QDRO) with respect to                   
          petitioner and Ernestine’s divorce.  The QDRO states, in                    
          pertinent part:                                                             
                    This matter was before the Court pursuant to a                    
               complaint filed by the Plaintiff requesting a reduction in             
               child support.  The Defendant [Ernestine] filed an answer              
               seeking an increase in child support, alimony, interest in             
               the Plaintiff’s [petitioner’s] military retirement and                 
               attorney’s fees.  * * *                                                
                    Based upon the testimony presented, the Court makes the           
               following findings of fact:                                            
                                    CHILD SUPPORT                                     
                    The Court finds that the Plaintiff [petitioner] is                
               entitled to reduction in his child support payments.  There            





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