MILES V. MILES 711 S.E.2d 880 (2011) CASE BRIEF

MILES V. MILES

711 S.E.2d 880 (2011)

NATURE OF THE CASE: James (P) appealed an affirmation of the family court's denial of his application to terminate the requirement of a divorce decree that he maintain health and dental insurance on Theodora (W) due to a substantial change in circumstances.

FACTS: W petitioned for a divorce on the ground of adultery. W sought custody of the couples' two minor children, child support, equitable division of the marital assets, alimony, and attorney's fees. The parties reached an agreement as to many of the issues, which provided in pertinent part: 5. [Husband] shall continue to maintain health and dental insurance on [Wife] through his place of employment until such time as [Wife] remarries or until [Wife] attains employment which provides health insurance to employees as part of its fringe benefits package; both [Husband] and [Wife] waive alimony. The family court approved the agreement and the order read: 5. [Husband] is hereby ordered to cover [Wife] through his place of employment with health and dental insurance until such time ss Wife] remarries or obtains employment which provides such coverage to [Wife] as a fringe benefit. The agreement contained no language limiting or otherwise restricting modification of its terms. Six years later, H filed this action seeking to modify various aspects of the final order. H sought a reduction in his child support obligation, attorney's fees, and the termination of the requirement that he maintain health and dental insurance on W due to a substantial change in circumstances. The family court found the fact that W waived alimony in the agreement 'unambiguously shows the intent of the parties that the health insurance maintenance provision was not in the form of support.' The court denied the modification he sought. H appealed and the court of appeals affirmed, agreeing the agreement unambiguously did not create a support obligation. H appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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