Legal Question in Family Law in South Carolina

Alimony

After 20 years of marriage my former wife and I just could not seem to get along and agreed to divorce in 1992. The original settlement agreement specified a very high monthly alimony payment of over $1,400 a month. In November of 1995, since there was no longer any child support responsibility we agreed to modify the agreement whereby I would pay her $75,000 (one time payment tax free to her) as well as $400 monthly for the next 15 years regardless of marital status. Approximately a year after the agreement went into effect my former wife remarried and moved to West Virginia where she is today. Although I am financially able to continue making the remaining 24 payments, it really bothers me every time I have to make a payment to someone that is probably better off financially that I am. Finally here are my questions: Since my remaining liability is $9,400, would it be worth going though the legal process to present my case in much more detail and possibly have the remaining payments excused? Also, if I just stop making the $400 monthly payments, what are the consequences?


Asked on 5/05/09, 11:29 am

1 Answer from Attorneys
Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Alimony

You didn't list the basis for asking the Court to terminate the alimony obligation. If it is simply because you don't want to pay them, then you're obviously out of luck. From your brief description of the 1995 agreement, you may not have much chance of getting a modification anyway. However, without looking at the Order, it is not possible to give a specific answer.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case. If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 5/05/09, 2:00 pm


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