Full question:
I am a divorcee and have been providing monthly alimony to my ex-wife. I was working in a private firm in South Carolina, but recently my company shut down. At present I am surviving on small part-time jobs and do not have a fixed income. I wanted to know if I can apply to the Court for amending the alimony amount that was fixed two years back, and reduce the alimony amount as I don’t have a fixed and regular income.
- Category: Divorce
- Subcategory: Alimony
- Date:
- State: South Carolina
Answer:
Under South Carolina Code Ann. § 20-3-170, if there is any change in the financial ability of a spouse, who is required to make any periodic payment of alimony to his/her spouse, then on an application by either party, the court may, considering the changed circumstances, decrease or increase the previously fixed alimony amount. S.C. Code Ann. § 20-3-170, (A) reads:“Whenever any husband or wife, pursuant to a judgment of divorce from the bonds of matrimony, has been required to make his or her spouse any periodic payments of alimony and the circumstances of the parties or the financial ability of the spouse making the periodic payments shall have changed since the rendition of such judgment, either party may apply to the court which rendered the judgment for an order and judgment decreasing or increasing the amount of such alimony payments or terminating such payments and the court, after giving both parties an opportunity to be heard and to introduce evidence relevant to the issue, shall make such order and judgment as justice and equity shall require, with due regard to the changed circumstances and the financial ability of the supporting spouse, decreasing or increasing or confirming the amount of alimony provided for in such original judgment or terminating such payments. Thereafter the supporting spouse shall pay and be liable to pay the amount of alimony payments directed in such order and judgment and no other or further amount and such original judgment, for the purpose of all actions or proceedings of every nature and wherever instituted, whether within or without this State, shall be deemed to be and shall be modified accordingly, subject in every case to a further proceeding or proceedings under the provisions of this section in relation to such modified judgment.”
An application may be made to the court, pursuant to § 20-3-170 for amending the alimony amount if there has been a change in the financial ability of the supporting husband. The court after giving the wife an opportunity to be heard, and considering the changed financial circumstances, may decrease the alimony amount in favor of the husband.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
