Court's Ability to Modify and Terminate Alimony
In a recent opinion, Love v. Love, the S.C. Court of Appeals made it clear that there is no distinction between the Family Court's right to modify an alimony agreement and the right to terminate an agreement. The Court cited Moseley v. Mosier, a 1983 S.C. Supreme Court case which held that the Family Court has the authority to modify alimony agreements unless the agreement unambiguously denies the court jurisdiction.
In Love, the Court pointed out that parties to a separation agreement may either (a) agree to make alimony unmodifiable or (b) leave the issue within the traditional oversight of the family court. Should the parties choose option (b), the Family Court may modify alimony to the same extent permissible in court-awarded alimony, a scope of authority which certainly includes the power to terminate payments based on substantial changes in the parties' circumstances.
The full opinion can be found here.
What about issues concerning parents who have never been married? We need information on getting visitation and custody for the father. There are current issues in the courts as we speak. The father has no funds availabe for attorney fees at this time. Can he not file for visitation on his own. And where can he look for low start cost attornies. Thank you
I'm disable & 63 yrs. old husband walked off started living with another woman I want to know can I get almony?
need a LOW COST attorney for divorce. all i have checked here in San antonio, tx are so high and often pad there estimate like wanting $400.00 for a $100.00 publication plus atty fees and filing fees. help please,
Can a receiving spouse be required to repay alimony that should not have been received due to cohabitation?