Supreme Court of South Carolina
Cheryl Ann Burch, Appellant v. Thomas Andrew Burch, Respondent
October 31, 2011395 S.C. 318
Summary
The South Carolina Supreme Court affirmed the family court’s valuation of Avtex VI, upheld the $1,000 monthly child support award and the $3,250 attorney‑fees award, but reversed the valuation of Avtx VII, ordered a 50/50 split of its post‑filing appreciation, required the husband to pay half of the child’s private‑school tuition, and ordered him to reimburse the wife for delinquent mortgage interest.
Holding
- Whether the family court erred in valuing Husband’s interests in Avtx VII at the filing date rather than at a post‑filing date. The appreciation of Avtx VII is passive; it must be valued at the buyout date and the passive gain split fifty/fifty between the parties.
- Whether the family court erred in valuing Husband’s interests in Avtx VI at the filing date. The family court’s allocation of Avtx VI assets at the filing date stands because Wife failed to prove Husband’s contribution was passive.
- Whether Husband must contribute to the child’s private‑school tuition. Husband must contribute fifty percent of the child’s private‑school tuition costs.
- Whether Husband must reimburse Wife for delinquent mortgage interest she paid. Husband must reimburse Wife for the delinquent interest payment he failed to make.
- Whether the family court abused its discretion in awarding $1,000 per month in child support. The family court did not abuse its discretion; the $1,000 monthly award is affirmed.
- Whether the family court properly assessed attorney’s fees against Wife. The family court properly awarded $3,250 in attorney’s fees against Wife.
Docket 27060
Cited authorities
- Rule 8(a)(4)
- rule 8(a)(4)
- S.C. Code Ann. § 20-3-630
- S.C. Code Ann. § 20-3-630
- S.C. Code Ann. § 20-3-630
- S.C. Code Ann. § 63-5-20
- S.C. Code Ann. § 63-5-20
- S.C. Code Ann. § 63-17-470