Supreme Court of South Carolina

Essie Simmons, Appellant v. Rubin Simmons, Respondent

May 9, 2011392 S.C. 412

Summary

The court held that the family court retained subject matter jurisdiction to reconsider a divorce settlement agreement after a material provision was declared void. Because the voided Social Security-benefit provision was an important part of the parties’ overall compromise and was interconnected with property division and alimony, the court directed reconsideration of all issues raised in Essie’s complaint. The court reversed and remanded for that reconsideration, with appropriate credits for obligations already performed.