4701 Oleander Drive, Suite A
Myrtle Beach, SC 29577
What happens when you the court orders periodic alimony payments based on your income at the time of the final hearing, but you lose your job a month later?
You apply for comparable jobs, you do the best that you can, but you are now stuck in a new occupation that pays half what you were making before?
Some things that are ordered by the family court cannot be changed, but there are also some orders that can be modified if the statutory requirements are met…
After the time limits have passed for post-trial motions and appeal, SC law allows for some court orders to be modified only under certain circumstances. Your SC divorce attorney at Axelrod and Associates can help you to get a modification of a court order if you meet the requirements below.
A “final order” can be modified by the judge who issued it if they grant a Rule 59(e) motion to alter or amend the judgment or a Rule 60 motion for relief from judgment after your trial.
If the family court made an error of law, we can appeal the court’s order and, if the appellate courts agree with us, change the final order.
But, post-trial motions and appeals have deadlines. What happens when those deadlines have passed, and you still want the judgment changed?
With very few exceptions, the following cannot be modified after the time for post-trial motions and appeal has passed:
Other types of orders can be modified, but only if certain conditions are met.
Child custody and visitation can be modified if you are able to demonstrate a substantial change in circumstances.
SC law also provides for certain circumstances when alimony payments can be modified. For example:
Whether your court order can be modified depends on what we are asking the court to change and whether the circumstances support the change based on the statutory requirements and SC caselaw.
Your Myrtle Beach divorce lawyer at Axelrod and Associates will help you to determine whether your court order can be modified and what evidence you will need to persuade the court that the modification is necessary.
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