Mount Pleasant South Carolina Family Legal Blog

As part of a divorce settlement in South Carolina, one spouse will often be ordered to pay alimony to the other spouse. This is one of the many issues that arises in family law. It can be contentious. The paying spouse will frequently want the amount to be lower than what is ordered. The supported spouse might want the amount to be increased. Once the order is made, however, it does not necessarily mean that it will remain the same for its duration. There are circumstances in which it can be modified and terminated. Understanding when this can take place and how to go about it is an important part of the process. It requires legal assistance to cover every factor.

When there is a change in the situation of a party whether it is the paying former spouse or the receiving former spouse and their financial abilities are altered, either can ask the court to increase, decrease or terminate the payments. The court will provide both sides a chance to be heard and to give evidence that is relevant to the case. It will then make an order with consideration given to the changed circumstances and the amount that is paid and received. It can increase, decrease or confirm the current amount. The paying spouse will then be required to make the payments based on the new order.

South Carolina does not grant divorces unless the couple in question meets certain conditions. Some of these grounds include adultery, physical cruelty, habitual drunkenness and desertion for a minimum of one year.

After one of these events, a couple may decide divorce is best. Both spouses need to try to be amicable and mature to get through this time quickly and efficiently. While there are no laws explicitly outlawing dating someone during a divorce, it is advisable to avoid seeing other people until you have officially separated from your spouse. 

Since child custody and visitation determinations are based on the best interests of the child in question, there are many elements that can come into play. As we discussed previously, domestic violence can play a role in a child custody dispute but so, too, can other issues. Substance abuse is a common problem that can have a negative impact on a child, and may therefore justify a child custody or visitation modification. The same holds true when a parent is emotionally abusive toward a child or he or she lacks the funds to adequately care for the child.

Of course, most parents deeply love their children, which can make child custody and visitation battles intense. What could start as an amicable discussion about an arrangement that is best for the child can quickly evolve into mudslinging where each party's dirty laundry is aired out before a judge. This usually doesn't do anyone any good, but sometimes it is necessary if those issues are directly tied to the child's best interests.

Many of South Carolina's children are born out of wedlock. This can have tremendous implications when it comes to family law issues like child custody, child support, and visitation. On an emotional level, most children want to know, and most children should know, their father. Men and women may want to know who a child's father is, too, so that an appropriate bond can be built.