Adjusting spousal support, or alimony can be a complicated process. In South Carolina, some alimony payments last a lifetime because they are “periodic alimony,” or permanent alimony. This is the most common form of alimony. However, there are a few instances where these supports might change. Death, marriage, or moving in with a partner might change alimony, as can a substantial change in circumstances. However, there are specific rules about changing these payments. Therefore, the best thing to do if you want to try to change alimony payments is to speak to an attorney. They can assist you in going through the proper legal channels and can do their best to get your alimony payments where they ought to be.
Adjusting Spousal Support in SC: Changing Alimony
What is Spousal Support?
Spousal support, or alimony, is the money that one spouse pays to another after a divorce. This money is typical to help the receiving spouse maintain the same lifestyle after the split. When deciding on how much spousal support to award, a judge takes into account many factors. For example, each person’s income and needs. Adjusting spousal support can be a tricky process because alimony is typically permanent in South Carolina.
Reasons for Adjusting or Terminating Spousal Support
While most alimony is permanent, adjusting spousal support is possible in a few scenarios. For example, if either spouse passes away, alimony support stops and does not pass on to heirs. In addition, if the receiving spouse re-marries or lives with a new partner for more than ninety days, the alimony payments also terminate. And finally, if there is a substantial change in circumstances.
More About Substantial Changes
Adjusting spousal support because of a substantial change in circumstances can be proved in a number of different ways. For example, if either the sending or receiving spouse has a change in salary or income it can change alimony. Or if either has a new health issue arises. If the spouse receiving payments inherits a large sum of money, it might mean a reduction in support payments. The change must be unexpected and new since the time of the divorce.
First Steps
Adjusting spousal support is best left to your family law attorney. They can help guide you through the process to get the results that you want and deserve. If you believe that your payments should be reduced, or if you want to defend against an ex trying to reduce payments, it’s important to get legal representation.
Adjusting spousal support is not very common in some states, South Carolina among them. Most alimony payments in South Carolina are permanent, or periodic alimony. However, there are a few circumstances where you might be able to reduce payments. For example, if either partner dies or if the receiving spouse gets remarried or moves in with a new partner. Or if either party can prove a significant change in circumstances. Many factors go into proving these facts, so the best course of action is to engage an experienced family law attorney as soon as possible. They can assist you in proving your case and getting the results that you deserve when it comes to adjusting alimony.