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SC Supreme Court Clarifies Child Support Recalculation When Alimony is Reversed

SC Supreme Court Clarifies Child Support Recalculation When Alimony is Reversed

November 6, 2024 Decision Highlights Critical Link Between Alimony and Child Support

The South Carolina Supreme Court issued an important reminder to family law practitioners this week about the interrelationship between alimony awards and child support calculations. In Gandy v. Gandy, Opinion No. 28239 (S.C. Nov. 6, 2024), the Court clarified that when an alimony award is reversed on appeal, child support payments must be recalculated to account for the absence of that alimony.

Background of the Case
In Gandy v. Gandy, the family court initially awarded rehabilitative alimony to Catherine Crosby Gandy. The Court of Appeals reversed that alimony award. Gandy v. Gandy, 442 S.C. 340, 898 S.E.2d 208 (Ct. App. 2024). However, the Court of Appeals did not address what should happen to the child support calculation after eliminating the alimony component.

Ms. Gandy sought certiorari review from the Supreme Court, raising two questions. The Court granted the writ on Question II, which addressed whether child support should be recalculated following the reversal of the alimony award.

The Supreme Court’s Holding
The Supreme Court’s answer was straightforward: Yes, child support must be recalculated.

The Court’s reasoning was equally clear. South Carolina’s Child Support Guidelines specifically require consideration of alimony when calculating child support obligations. See S.C. Code Ann. Regs. 114-4720(7) (Supp. 2024). Because the family court had properly considered the alimony award when initially calculating child support, the elimination of that alimony on appeal necessarily changed the calculation.

The Supreme Court therefore remanded the case to the family court “to recalculate child support, including consideration of the fact Petitioner will not be receiving alimony.”

Practical Implications for Family Law Practitioners

This decision underscores several important practice points:
The Guidelines Control. The Child Support Guidelines aren’t merely suggestions—they establish mandatory considerations. When regulation 114-4720(7) requires consideration of alimony in child support calculations, courts must factor in the presence or absence of alimony payments.

Alimony and Child Support Are Interconnected. These two forms of support don’t exist in isolation. A change to one may necessitate adjustment of the other. Practitioners should be mindful of this relationship when negotiating settlements or preparing for modification hearings.

Appellate Consequences Must Be Considered Fully. When an appellate court reverses a family court’s alimony determination, the ramifications extend beyond the alimony itself. Child support calculations based on that alimony must also be revisited.

Remand May Be Necessary. Even when an appellate court has ruled on the primary issue, additional proceedings may be required to address the collateral consequences of that ruling. In this case, the Supreme Court recognized that proper resolution required sending the matter back to the family court for recalculation.

Moving Forward
The Gandy decision serves as a helpful reminder that family court orders often involve multiple interrelated components. Changes to one element—whether through modification, appeal, or other proceedings—may require corresponding adjustments to other elements.

For parties involved in family court matters, this case illustrates why thorough representation matters at every stage, including appeal. What might seem like a straightforward reversal of alimony carries practical consequences that must be properly addressed to ensure fair and accurate support obligations.

Family law practitioners should ensure that when alimony awards are modified or reversed, child support calculations are revisited in accordance with the Guidelines. Failing to account for this interrelationship could result in support orders that don’t reflect the current financial realities of the parties.

This blog post is for informational purposes only and does not constitute legal advice. If you have questions about alimony, child support, or family court appeals in South Carolina, please contact our office to discuss your specific situation.

Case Citation: Gandy v. Gandy, Opinion No. 28239 (S.C. Nov. 6, 2024)

By Suzanne Klok|2025-11-12T17:56:10+00:00December 10th, 2024|Alimony, Child Support|Comments Off on SC Supreme Court Clarifies Child Support Recalculation When Alimony is Reversed

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About the Author: Suzanne Klok

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SC Supreme Court Clarifies Child Support Recalculation When Alimony is Reversed

November 6, 2024 Decision Highlights Critical Link Between Alimony and Child Support

The South Carolina Supreme Court issued an important reminder to family law practitioners this week about the interrelationship between alimony awards and child support calculations. In Gandy v. Gandy, Opinion No. 28239 (S.C. Nov. 6, 2024), the Court clarified that when an alimony award is reversed on appeal, child support payments must be recalculated to account for the absence of that alimony.

Background of the Case
In Gandy v. Gandy, the family court initially awarded rehabilitative alimony to Catherine Crosby Gandy. The Court of Appeals reversed that alimony award. Gandy v. Gandy, 442 S.C. 340, 898 S.E.2d 208 (Ct. App. 2024). However, the Court of Appeals did not address what should happen to the child support calculation after eliminating the alimony component.

Ms. Gandy sought certiorari review from the Supreme Court, raising two questions. The Court granted the writ on Question II, which addressed whether child support should be recalculated following the reversal of the alimony award.

The Supreme Court’s Holding
The Supreme Court’s answer was straightforward: Yes, child support must be recalculated.

The Court’s reasoning was equally clear. South Carolina’s Child Support Guidelines specifically require consideration of alimony when calculating child support obligations. See S.C. Code Ann. Regs. 114-4720(7) (Supp. 2024). Because the family court had properly considered the alimony award when initially calculating child support, the elimination of that alimony on appeal necessarily changed the calculation.

The Supreme Court therefore remanded the case to the family court “to recalculate child support, including consideration of the fact Petitioner will not be receiving alimony.”

Practical Implications for Family Law Practitioners

This decision underscores several important practice points:
The Guidelines Control. The Child Support Guidelines aren’t merely suggestions—they establish mandatory considerations. When regulation 114-4720(7) requires consideration of alimony in child support calculations, courts must factor in the presence or absence of alimony payments.

Alimony and Child Support Are Interconnected. These two forms of support don’t exist in isolation. A change to one may necessitate adjustment of the other. Practitioners should be mindful of this relationship when negotiating settlements or preparing for modification hearings.

Appellate Consequences Must Be Considered Fully. When an appellate court reverses a family court’s alimony determination, the ramifications extend beyond the alimony itself. Child support calculations based on that alimony must also be revisited.

Remand May Be Necessary. Even when an appellate court has ruled on the primary issue, additional proceedings may be required to address the collateral consequences of that ruling. In this case, the Supreme Court recognized that proper resolution required sending the matter back to the family court for recalculation.

Moving Forward
The Gandy decision serves as a helpful reminder that family court orders often involve multiple interrelated components. Changes to one element—whether through modification, appeal, or other proceedings—may require corresponding adjustments to other elements.

For parties involved in family court matters, this case illustrates why thorough representation matters at every stage, including appeal. What might seem like a straightforward reversal of alimony carries practical consequences that must be properly addressed to ensure fair and accurate support obligations.

Family law practitioners should ensure that when alimony awards are modified or reversed, child support calculations are revisited in accordance with the Guidelines. Failing to account for this interrelationship could result in support orders that don’t reflect the current financial realities of the parties.

This blog post is for informational purposes only and does not constitute legal advice. If you have questions about alimony, child support, or family court appeals in South Carolina, please contact our office to discuss your specific situation.

Case Citation: Gandy v. Gandy, Opinion No. 28239 (S.C. Nov. 6, 2024)