Not exact matches
Most family law attorneys and divorcing parties seem to believe a short marriage suggests an
award of rehabilitative rather than
permanent alimony.
The family court had
awarded Wife
permanent periodic
alimony.
Maybe I'm cynical, but when the December 2014 roster listed Ricigliano v. Ricigliano as a case in which the issue was whether the family court erred in failing to
award a husband
permanent periodic
alimony I figured the South Carolina appellate courts had finally found a case in which they would approve an
award of rehabilitative
alimony.
After the family court issued a final order
awarding her $ 500.00 per month in
permanent periodic
alimony, Wife filed a motion pursuant to Rule 59 (e), SCRCP, requesting the family court reconsider its decision to not
award her attorney's fees and credit her the payments she made on the second mortgage.
Spousal maintenance: Also called
alimony, spousal maintenance can be
awarded on a temporary or
permanent basis.
In a sixteen year marriage, where the supported spouse earns $ 30k per year and is working at her full capacity, and the supporting spouse earns $ 60k per year, and fault is not a factor, an
award of
permanent periodic
alimony of $ 500.00 per month is proper.
Permanent support, which is the term used to refer support that will continue after the case is finished, can be
awarded in a final hearing on divorce, or an
alimony or separate maintenance case.
The courts refer to
alimony as spousal maintenance and may
award it on a temporary or
permanent basis.
Alimony or maintenance may be
awarded on a temporary or
permanent basis on consideration of the following factors:
The court
awards alimony on a temporary or
permanent basis based on the owing spouse's ability to pay, the spouses» ages, the duration of the marriage, and the requesting spouse's ability to work.
Alimony, or spousal support, may be
awarded to either spouse on a temporary or
permanent basis, and may be
awarded in a lump sum or by scheduled payments.
the court may not
award alimony to any spouse who commits adultery before the court issues a written property settlement or
permanent order of separate maintenance.
This section is captioned «Retention of jurisdiction as to
alimony and custody of children,» and begins with the phrase «After the issuance of a decree of divorce...» This language seems to create a gap between this section and the pendente lite custody available under section 16 - 911, unless the custody decree was originally conceived by the D.C. Council to be a separate order that would follow the divorce
award, thus making section 16 - 914 the
permanent custody provision.