Posts Tagged ‘Alimony Modification’

The difficulties of predicting alimony reduction on retirement

In 2012 South Carolina passed a statute, S.C. Code § 20-3-170(B), in which one subsection set forth criteria for the family courts to consider when modifying alimony upon a supporting spouse’s retirement. One assumed the goal was to create greater certainty and uniformity for retirement-based alimony reduction/termination cases. However this subsection lists six factors for […]

A published appellate opinion that might finally terminate alimony based upon continued cohabitation–finally

When, in 1990, South Carolina enacted its current alimony statute, S.C. Code § 20-3-130, it provided three grounds to automatically terminate permanent periodic alimony: 1) either party’s death; 2) the supported spouse’s remarriage; and 3) the “continued cohabitation” of the supported spouse. The statute further defined continued cohabitation as: the supported spouse resides with another […]

Court of Appeals partially reduces Husband’s alimony reduction in case Husband probably wishes he never filed

One of my harder tasks practicing family law in South Carolina is advising ex-spouses with alimony obligations whether and how much their obligation might change based on reduced income. The July 27, 2016 Court of Appeals opinion in Woods v. Woods, 418 S.C. 100, 790 S.E.2d 906 (Ct. App. 2016) does not provide additional clarity […]

A lot of work for $2.35 a month

On July 22, 2015, three and a half years after the Court of Appeals remanded the family court’s increase in an Ex-Wife’s alimony to $1,547.65 per month in the case of Roof v. Steele, 396 S.C. 373, 720 S.E.2d 910 (Ct. App. 2011), the Court of Appeals, in the case of Roof v. Steele, 413 […]

How does retirement affect alimony?

In 2012 South Carolina amended the alimony modification statute, S.C. Code § 20-3-170(B), to include specific factors for the family court to consider on whether to modify or terminate alimony when a supporting spouse retires. Those factors are: (1) whether retirement was contemplated when alimony was awarded; (2) the age of the supporting spouse; (3) […]

Is there ever sufficient evidence of “continued cohabitation” to terminate alimony?

I occasionally get telephone calls from men whose ex-wife’s are receiving alimony but also appear to be living with a boyfriend.  They want to know if they can terminate alimony on that basis.  I am never optimistic. In 2002, the South Carolina legislature amended S.C. Code § 20-3-150 to define the “continued cohabitation” necessary to terminate […]

All that hard work….

Some of the more cryptic opinions to come out of the South Carolina Supreme Court simply state “We granted a writ of certiorari to review the court of appeals’ decision in [case name]. We now dismiss the writ as improvidently granted.” Between the request for certiorari and such brief dismissals, the petitioner and his or […]

Court of Appeals rejects further alimony reduction when family court determines husband’s income hadn’t decreased

In the December 12, 2012 opinion of King v. King, 400 S.C. 611, 735 S.E.2d 551 (Ct. App. 2012), the Court of Appeals affirmed the family court’s decision to deny Husband’s request to further reduce his alimony. At the time of the parties’ divorce in 1999, Husband had a yearly base salary of $300,000 as chief […]

 

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