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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88092
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband was ordered to pay alimony of $150 and has been

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My husband was ordered to pay alimony of $150 and has been doing so for almost 3 years. He has discovered that his ex generated several utility bills after their divorce was final and also filed medical claims, all of which she did not pay purposefully. What can he do? Also, will he have to pay alimony for the rest of his life, they have no children together and she purchased a new home and a new car before the divorce was final. Please advise and this is in the state of SC
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your husband's situation. You state:

He has discovered that his ex generated several utility bills after their divorce was final and also filed medical claims, all of which she did not pay purposefully

I am not sure what you mean here. What do you mean by generated utility bills? As in his name? So this is separate from the alimony issue, correct?

And what about filing the medical claim? How does this affect his alimony? It should not. Or do you simply mean she filed a fake claim and you want to know if she can be reported?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


Hello Ely,


 


Sorry for the confusion.


 


Issue# XXXXX the ex setup service at her new residence in my husband's name without his permission. The service has her residence in which he never resided or gave her permission to set-up service. One of the utility bills, she transferred the service in his name to her new residence. Once he found out, she obtained new services in her name and did not pay the bills that she generated in his name.


 


Issue# XXXXX at one point she was on his medical, but was dropped. She filed claims that were paid because his human resources department made an error and did not drop her. I know that this was an error on their part, however, does it show anything negative about her character, because she stated that she did not do this and had her on insurance...which leads to


 


Question # XXXXX these instances be used to help drop alimony...or how long will he have to pay alimony?

Expert:  Ely replied 1 year ago.
No need to apologize at all, L! Thank you for your clarification.

Issue# XXXXX the ex setup service at her new residence in my husband's name without his permission. The service has her residence in which he never resided or gave her permission to set-up service. One of the utility bills, she transferred the service in his name to her new residence. Once he found out, she obtained new services in her name and did not pay the bills that she generated in his name.

Okay, this can be dealt with in one of two ways (or both):

1) He can file criminal charges. Yes, seriously. She use his identity to set up a bill in his name and then damaged his credit and made him liable without her being liable for services she used. The police may pick up the case and she may be charged with a misdemeanor here.

2) He may seek contempt against her in family court, which may mean admonishment, fines, and/or even imprisonment at the discretion of the Judge.

3) He may even sue her civilly for invasion of privacy for her actions above, should he want to. Using someone's identity falls into the invasion of privacy action.

Issue# XXXXX at one point she was on his medical, but was dropped. She filed claims that were paid because his human resources department made an error and did not drop her. I know that this was an error on their part, however, does it show anything negative about her character, because she stated that she did not do this and had her on insurance...which leads to

This may be included in the motion/pleadings while dealing with the first issue to illustrate her character.

Question # XXXXX these instances be used to help drop alimony...or how long will he have to pay alimony?

Alimony cannot be changed simply on "bad character," but it CAN be changed if he can illustrate a substantial change in circumstances. Sharps v. Sharps, 535 SE 2d 913 - SC: Supreme Court 2000. This is generic and is on a case by case basis. This can mean a sudden increase of income for her, or a lowering of income for him, or her being remarried, etc. While her actions may very well factor in here, he'd still need to show such a change in circumstance. The modification may be requested via a pleading with the Court. The Judge may decide to keep it the same, lower it, or terminate it, depending on the circumstances.

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88092
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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