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How do i reduce or stop alimony in south carolina. South…

How do i reduce...

How do i reduce or stop alimony in south carolina

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

South Carolina

Lawyer's Assistant: Have you talked to a lawyer yet?

No cant get one to return my questions

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My family situation has change now i have 3 children from second wife and suporting to homes one in egypt and one in the states

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Answered in 6 minutes by:
10/21/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,068
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Good evening,

The party wishing to seek modification/termination of alimony in South Carolina must file a motion to modify with the courts, showing that there has been a significant change in circumstances since the divorce agreement. What constitutes a "significant event" isn't defined, but examples might include for example, if the payor suffered a traumatic injury and is no longer able to work and therefore can no longer meet their financial obligation.

Once a request for modification of alimony is deemed to be properly before the Court, the Court then performs the same analysis that was done when alimony was initially established: a consideration of all of the 13 required statutory alimony factors (20-3-130 SC Code of Laws ) to make a determination as to whether support should be reduced or terminated.

Notably, in the case of Woods v. Woods (2016) the South Carolina Court of Appeals found that an award of periodic alimony, absent a written agreement, will never “automatically” end (unless, of course, a spouse re-marries, either party dies, or by agreement).

RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 15,068
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Customer reply replied 8 months ago
how do i start this proceedings to reduce or stop and what can happen if i just stop the money?

You'd have to file a motion to modify alimony with the courts. There is no standard boiler plate form for this, however (at least none that I've found). So you'd either need to spend some time in a law library researching and drafting the motion yourself, or a family law attorney could file on your behalf.

If you just stop paying even though it is court ordered, you would be in contempt (violation) of the court order, and your former spouse could file a contempt motion with the court and ask that you be sanctioned (punished) for violating the existing order and refusing to pay alimony.

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That said, the court would have to find that it is a "willful" violation. If you simply are tired of paying and refuse to send more money you could be held in contempt, as that is willful. If you lost your job and haven't been able to find work and are sending what you can, but it's not what you're ordered to pay, it's not a willful violation.

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Customer reply replied 8 months ago
How do i find a good family lawyer to handle this mater?

You can use the South Carolina Bar Association's find a lawyer feature. Another good site to use is Avvo (www.avvo.com). You can read reviews and see ratings of attorneys from previous clients and other lawyers.

Many family law attorneys will offer free or low cost consultations. You may wish to talk to a couple of them, to see whom you are most comfortable with. Definitely ask questions about their experience, how much of their practice is dedicated to family law cases, if they are familiar with these types of modifications, etc.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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