Posts Tagged ‘Alimony Modification’

Fuller opinion provides little guidance on affect of retirement on periodic alimony

Even though he was reversed, one has to admire the clarity of Judge R. Kinard Johnson, Jr.’s views on age, retirement and alimony.  Judge Johnson was asked to determine Husband’s request to reduce his alimony based on Husband’s claim that his medical condition limited his ability to work.  Husband was 67 years old at the [...]

Roof demonstrates confused nature of South Carolina’s “substantial change of circumstances” jurisprudence

In South Carolina, child support, child custody and permanent periodic alimony can all be modified upon a showing of “substantial change of circumstances.”  However, there is an exception to this general principle: if the change of circumstances was anticipated at the time of the previous final order, then the change of circumstances is not a [...]

Supreme Court drops burden to modify support agreements; holds requirement to maintain health insurance is a form of modifiable alimony despite parties’ waiver of alimony

The May 31, 2011 South Carolina Supreme Court opinion in Miles v. Miles, 393 S.C. 111, 711 S.E.2d 880 (2011),  remedies what many South Carolina family law practitioners, including myself, considered a misguided decision in the case of Floyd v. Morgan, 383 S.C. 469 , 681 S.E.2d 570 (2009) to increase the burden of modifying support [...]

South Carolina appellate courts continue to interpret cohabitation to terminate alimony narrowly in favor of supported spouses; failing to challenge fee affidavit fatal to claim that fee award of $126,797.30 was excessive

The March 16, 2011 Court of Appeals opinion in Biggins v. Burdette, 392 S.C. 241, 708 S.E.2d 237 (Ct.App. 2011), continues the trend of the South Carolina appellate courts to interpret “cohabitation” strictly against an obligor seeking to terminate alimony.  South Carolina law terminates alimony “upon the … continued cohabitation of the supported spouse…”  S.C. Code Ann. [...]

When to file a contested marital dissolution action before negotiating and when not to request a temporary hearing when filing a contested family court case

It is my experience that most family law attorneys in South Carolina reflexively file a motion for temporary relief when filing a contested family court action or fail to file a marital dissolution action when they hope to negotiate a separation agreement.  Yet I know of two good reasons (there may be others) to file [...]

Financial declarations with an eye toward the future

Just the past week I have closed a support modification case in which a party’s financial declaration understates that party’s projected future income and taken over another support modification case in which my client did not have the financial declarations the court used to approve his previous support agreement.  These are not uncommon experiences but [...]

Court of Appeals offers much guidance on relevant factors in alimony reduction cases

The August 19, 2009 Court of Appeals decision in Butler v. Butler, 385 S.C. 328, 684 S.E.2d 191 (Ct.App. 2009) offers the family court bar much guidance in the factors to consider in alimony reduction cases.  Many of the factors considered in this opinion have never been addressed in prior published opinions. Butler was an appeal from a [...]

Yet another reason for supporting spouses to offer lump sum alimony

Permanent periodic alimony is one debt that may never end until the payor dies.  Today’s Court of Appeal’s decision in Fiddie v. Fiddie, 384 S.C. 120, 681 S.E.2d 42 (Ct.App. 2009) is an additional reminder of why payor spouses might want to offer generous lump sum alimony to avoid permanent periodic alimony. The Fiddies’ twenty-eight year marriage ended in [...]