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Can I request a reduction in alimony due to changed financial circumstances?

Can I request a reduction in alimony due to changed financial circumstances?

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: 04/07/2025
State: South Carolina

Answer:

Under South Carolina law (S.C. Code Ann. § 20-3-170), if your financial situation changes significantly, you can apply to the court to modify your alimony payments. This law states that either spouse can request a change in the alimony amount if their financial circumstances have changed since the original judgment.

In your case, since you no longer have a stable income and are only working part-time, you can file an application to the court that issued the original alimony order. The court will consider your current financial situation and allow both parties to present their cases. Based on this information, the court may decide to decrease the alimony amount, increase it, or confirm the original amount. The court's decision will reflect what is fair and just, considering the changes in your financial ability.

After the court makes a decision, you will be responsible for the new alimony amount determined in that order.

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.

FAQs

How to petition the court to stop alimony?

To petition the court to stop alimony, you must file a motion with the court that issued the original alimony order. In your motion, explain why you believe alimony should be terminated, such as a significant change in circumstances, like your ex-spouse's financial situation or remarriage. You will need to provide evidence to support your claim. The court will then schedule a hearing where both parties can present their arguments before making a decision. It's advisable to consult with an attorney to ensure your petition is properly filed and supported.

What disqualifies you from alimony in South Carolina?

In South Carolina, several factors can disqualify a spouse from receiving alimony. These include remarriage, cohabitation with a partner, or if the recipient has sufficient income or assets to support themselves. Additionally, if the spouse seeking alimony has engaged in misconduct during the marriage, such as adultery, this may also affect their eligibility. Each case is unique, and the court will consider the specific circumstances when determining alimony.

Is there a time limit on alimony in South Carolina?

In South Carolina, there is no strict time limit on how long alimony must be paid; it depends on the terms set in the divorce decree. Alimony can be temporary or permanent, depending on the circumstances of the marriage and the needs of the recipient. However, alimony can be modified or terminated if there is a significant change in either party's financial situation or if the recipient remarries. Always consult with a legal professional for guidance on your specific situation.

Will I lose my alimony if I get a job?

Getting a job does not automatically mean you will lose your alimony. However, if your new job significantly increases your income, the paying spouse may petition the court to modify the alimony amount. The court will assess your financial situation, including your income from employment, to determine if a modification is warranted. It's important to communicate any changes in your financial circumstances to the court to avoid potential legal issues.

Can I get alimony years later?

In South Carolina, it is generally not possible to receive alimony years after the divorce has been finalized unless there are significant changes in circumstances that warrant a modification. If you did not receive alimony initially, you may not be able to claim it later unless you can demonstrate a substantial change in your financial situation or your ex-spouse's situation. Consulting with a family law attorney can provide clarity based on your specific case.

How long do you have to pay alimony in SC?

The duration of alimony payments in South Carolina varies based on the specifics of each case. Alimony can be awarded for a limited time, known as rehabilitative alimony, or it can be permanent, depending on factors such as the length of the marriage and the financial needs of the recipient. The court will evaluate the circumstances surrounding the marriage and the financial status of both parties when determining how long alimony should be paid.