Whitfield v. Hanks

The only issue on appeal is the authority of the family court to modify a provision of a prior divorce decree regarding possession of the marital home. Appellant argues the provision effected a division of property and is unmodifiable. We find the provision was an incident of support and therefore affirm.

The parties were divorced by decree dated June 21, 1972. Appellant was awarded custody of the three minor children. Respondent was ordered to pay child support, major medical bills incurred by the children, and certain debts of the family. He was also ordered to transfer title of an…