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276 S.C. 41

Cato v. Cato

Supreme Court of South Carolina

Decided February 4, 1981

Supreme Court of South Carolina · decided 1981-02-04

Cited by 1 later decisions — most recently February 1985

1 state decisions

Relies on Risinger v. Risinger

Good law ✅— No negative treatment on recordhow we know

Decided 1981-02-04

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Per Curiam:

¶1The court below ordered appellant to provide $35 per week to support respondent, his emancipated eighteen (18) year old daughter, until her graduation from high school. Upon examination of the record and briefs submitted on appeal we find that the presiding judge properly imposed the challenged support obligation pursuant to the standards set forth in Risinger v. Risinger, 273 S. C. 36, 253 S. E. (2d) 652 (1979).

¶2We must further find, however, that the lower court erred in attempting to limit respondent’s application for any future relief to sixty (60) days from her high school gradu*42ation. This enforced waiver, although apparently intended to protect appellant from extended liability, constitutes an overreaching of the presiding judge’s authority.

¶3Accordingly the decision of the court below is:

¶4Affirmed in part,

¶5Reversed in part.

Lewis, C. J., and Littlejohn, Ness, Gregory and Harwell, JJ., concur.
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