Posts Tagged ‘Alimony Modification’

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 […]

Court of Appeals reduces alimony obligation for downsized ex-husband

In the August 15, 2012 opinion of Holmes v. Holmes, 399 S.C. 499, 732 S.E.2d 213 (Ct. App. 2012), the Court of Appeals does what the trial court refused to do: reduce the alimony obligation of a downsized ex-husband. In November 2006 Husband agreed to pay his wife $600.00 per month in alimony, $400.00 per month in […]

New statute codifies law on alimony modification upon retirement

One of my blog’s readers posted a comment linking a new statute that codifies the law on modifying alimony upon the supporting spouse’s retirement.  South Carolina House bill 4738, which went into effect June 18, 2012, adds subsection B to S.C. Code § 20-3-170.  This new subsection reads: Retirement by the supporting spouse is sufficient […]

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 […]


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