South Carolina Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment

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US-01898BG
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Description

A decree for alimony is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a motion to modify an order for alimony on the same set of facts that existed when the original order was made.


To justify a modification of an alimony order, a court must find that there has been a change in the material circumstances of the parties since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.


This form is a generic example that may be referred to when preparing such a form for your particular state. This motion can be filed by the plaintiff or the respondent and is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

South Carolina divorce judges are most likely to order the payment of permanent periodic alimony. If this happens in your divorce case, the supporting spouse will have to make ongoing payments (usually every month) to the supported spouse for a lengthy period of time.

A court will not approve a divorce modification without a substantial change of circumstances for at least one of the two parties. Seeking modification without a substantive claim, or for a minor issue, may be seen as a nuisance to the court and may hurt your long term chances of modifying a divorce order.

In South Carolina, some alimony payments can last for a lifetime because the most common form of alimony awarded by the court is permanent alimony called ?periodic alimony.? Although this type of alimony is permanent, there are four situations why such alimony may stop or may be reduced in South Carolina: (1) death of ...

In South Carolina, some alimony payments can last for a lifetime because the most common form of alimony awarded by the court is permanent alimony called ?periodic alimony.? Although this type of alimony is permanent, there are four situations why such alimony may stop or may be reduced in South Carolina: (1) death of ...

Generally, periodic alimony is a specified amount paid each week or month. It is usually paid until one of the following events occurs: either spouse dies, the supported spouse remarries, or the supported spouse cohabits with a romantic partner for a period of 90 days or more.

To modify alimony in South Carolina, you must petition the court. The earliest the court will make any change effective is the date that you formally motion the court, even if the circumstances changed long before that. You must prepare a court motion, serve the other party and attend the hearing.

Adultery has a significant impact on alimony in South Carolina. The spouse who commits adultery is permanently barred from receiving alimony from the other spouse.

Permanent periodic alimony is the most favored and common form of alimony in South Carolina. When the parties are not yet divorced, permanent periodic alimony is called separate support and maintenance or spousal support.

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South Carolina Motion to Modify or Amend Divorce Decree to Provide for Reduction in Alimony Due to Involuntary Termination of Job or Employment