- 3 - 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. TherePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011