723 S.E.2d 198
S.C.2012Background
- McLeod and Starnes divorced in 1993; mother custodial parent, father ordered to pay child support and contribute a portion of bonuses.
- Collin, their older child, reached majority in 2006 and enrolled in Newberry College; father supported and co-signed loans.
- In 2006 and 2007, father reduced weekly support and promised to cover educational expenses; mother did not pursue modifications.
- Mother filed March 2007 seeking college expenses for Collin, increased support for Jamie, and attorney’s fees; father counterclaimed to terminate support for Collin and Jamie and deny college expenses.
- Temporary order (June 2007) set Jamie support at 235/week, required $400/month toward Collin’s college, and kept 35% of annual bonus as support; final hearing occurred in 2009.
- Trial court dismissed college expenses as violating equal protection, reduced Jamie support and father’s bonus percentage, and ordered equal sharing of attorney’s fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether awarding college expenses to Collin violates equal protection | McLeod argues Webb wrongly forbids such awards | Starnes contends Risinger/63-3-530(A)(17) permit no college expense | Risinger constitutionality reaffirmed; remand for amount under pre-Webb law. |
| Whether there was an overpayment credit for support pendency | McLeod seeks retroactive credit for overpayment | Starnes argues no overpayment under proper calculations | Court erred; final order reinstated pending calculations; not an overpayment. |
| Whether Mother should receive attorney’s fees and costs | McLeod seeks fee recovery due to proceedings and Father’s conduct | Starnes argues no fee shift warranted | Court reversed to award Mother attorney’s fees and costs. |
Key Cases Cited
- Webb v. Sowell, 387 S.C. 328 (2010) (holding that college expenses for an adult child violated equal protection (overruled))
- Risinger v. Risinger, 273 S.C. 36 (1979) (authorized continuing child support including college expenses under certain conditions)
- LeClair v. LeClair, 137 N.H. 213 (1993) (education support for adult child; statutory interpretation context)
- Kujawinski v. Kujawinski, 71 Ill. 2d 563 (1978) (statutory basis for continued college support in divorced families)
- Vrban, 293 N.W.2d 198 (Iowa 1980) (educational support as a potential consequence of divorce)
- Curtis v. Kline, 542 Pa. 249 (1995) (equal protection invalidates post-majority educational support for some adults)