Miles v. Miles
South Carolina Supreme Court
711 S.E.2d 880 (2011)
James and Theodora Miles's divorce settlement, incorporated into the final divorce order, required James to keep Theodora on his employer's health and dental insurance until she remarried or obtained her own job-based coverage, while otherwise waiving spousal support, without any language addressing future modification. Over six years, James suffered multiple serious medical conditions leaving him totally disabled with disability income less than half his former wages, while his insurance-premium payments for Theodora and his child-support-related premiums both increased, and Theodora's income nearly doubled. James sought to modify the divorce order to terminate his premium obligation; the family court found the provision was really a property division and thus unmodifiable, and the appellate court affirmed, prompting James's appeal.
Whether courts may modify support orders if justified by a substantial change in circumstances, whether the order was contested or reached by settlement agreement, unless reached by a settlement agreement that unambiguously precludes modification.