CourtListener opinion 10617652

Evidence quotes

Clean opinion text

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE
 CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING
 EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

 THE STATE OF SOUTH CAROLINA
 In The Court of Appeals

 Paula E. Higgins, Respondent,

 v.

 Christopher M. Higgins, Appellant.

 In Re: Steven C. Higgins

 Appellate Case No. 2016-001265

 Appeal From Cherokee County
 Usha J. Bridges, Family Court Judge

 Opinion No. 2019-UP-216
 Submitted October 1, 2018 – Filed June 19, 2019

 AFFIRMED

 Kenneth Philip Shabel, of Kennedy & Brannon, P.A., and
 W. Barry Bland, both of Spartanburg, for Appellant.

 Hattie Darlene Evans Boyce, of Spartanburg, for
 Respondent.

SHORT, J.: Christopher M. Higgins (Husband) appeals the family court's
decision to (1) order an amended Qualified Domestic Relations Order (QDRO) that
 would require him to pay an additional $61,196.16 to Paula E. Higgins (Wife) over
what he already paid pursuant to a prior QDRO that had been signed by the parties
and approved by the family court and (2) hold him responsible for any legal fees
incurred in the preparation of the amended QDRO. On appeal, Husband argues the
family court (1) should have continued the contempt proceeding that resulted in the
issuance of the appealed order because of the absence of a subpoenaed witness and
(2) erred in ruling on the matter without taking any testimony during the hearing.
We affirm.1

FACTS AND PROCEDURAL HISTORY

On August 8, 2014, the parties appeared before Family Court Judge Usha J.
Bridges for a final divorce hearing. On September 16, 2014, Judge Bridges issued
an order in which she granted Wife a divorce on the ground of a one-year
separation and approved an agreement between the parties regarding their minor
child and the division of the parties' marital debts and property.

Pursuant to the parties' agreement, Judge Bridges ordered the following regarding
equitable distribution of the marital property:

 That [Wife] shall receive $182,500.00 from [Husband's]
 retirement account, and said amount shall constitute her
 entire equitable apportionment from his account.
 [Husband] shall retain any and all balances in his
 retirement/401k accounts over and above said
 $182,500.00 allocated to [Wife]. The division shall be
 done by way of a Qualified Domestic Relations Order
 (QDRO), with the parties each being responsible for 50%
 of the legal costs associated with the preparation of said
 QDRO.

On July 1, 2015, the parties appeared again before Judge Bridges on a motion filed
by Wife for additional relief or a new trial. On July 24, 2015, the family court
filed an order in which Judge Bridges ruled (1) Husband would pay for the
preparation of two QDROs to be drafted by Attorney Richard H. Rhodes, (2) one
QDRO would grant Wife $182,500.00 from Husband's Timken Company Savings
and Investment Plan, and (3) another QDRO would be prepared granting Wife fifty

1
 We decide this case without oral argument pursuant to Rule 215, SCACR.
 percent of the balance as of July 29, 2013, of Husband's Timken-Latrobe-MPB
Torrington Retirement Plan.

On December 1, 2015, Judge Bridges signed a QDRO prepared by Attorney
Richard H. Rhodes in conjunction with the matter, and the QDRO was filed the
following day. This QDRO applied to the Timken Company Savings and
Investment Plan. Paragraph 7 of the QDRO stated, \This Order assigns to [Wife]