Asked in Divorce and Family Law for South Carolina

Q: Divorced June 2011, ex has filed to stop alimony. I rent from male friend. Can I bring up his wrong financial statement.

I did not want my divorce. My ex promised if I would not file for my rightful half of marital property that when my (alone) adult daughter's moved out due to divorce ( because we had problems getting them out on their own ) then he and I would reunite because he loved me but he needed to get girls moved and on their own. Due to loving him and I guess wanting to believe, I agreed and only accepted his offer. He did not even have his financial statement done til after we left the courtroom of our final decree. He remarried so he did not carry thru with what he promised. Now I lost my youngest daughter a year ago and I rented a room from a male friend and my ex wants alimony stopped due to this. He says it romantic but we have sep. Bedrooms and my oldest lives now with me due to her health so she knows this . We had 7 broiler houses 422 acres house etc some inherited while we were married but I gave up alot of income . He pays 700 month and 30, 000 over 10 years that is what he offeree

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1 Lawyer Answer
Megan Hunt Dell
Megan Hunt Dell
  • Charleston, SC
  • Licensed in South Carolina

A: There are very few ways to challenge a final order once it has been entered. SCRCP Rule 59 allows a party to seek to alter or amend a judgment, but it has to be filed within 10 days of notice of entry of the judgment; it would not help you if the order was entered in 2011. SCRCP Rule 60 allows a party to seek relief from a judgment for multiple reasons, but it's unclear whether the facts you describe might meet the criteria of any part of that Rule. Your best option is to consult an experienced Family Court lawyer who is knowledgeable about Rule 60 motions.

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