If you currently have a court order that requires the payment of support, either spousal or child support, then yes. You may not discontinue payment without the risk of a contempt action being filed by your ex-wife for the violation of the court order. In South Carolina child support is considered the obligation of both of the parents and the ex-wife's decision to move in with her boyfriend does not serve to mitigate the absent parent's obligation to support his children. It is not uncommon, however, for divorce decrees to contain "morality" language which may prohibit a child(ren) from being exposed to a boyfriend on an over-night basis. If that is the case, and the decree contains such language, there may be the possibility of the custody of the children being re-evaluated.
There is the ability to terminate alimony based on cohabitation. There are specific time frames which must be established for the cohabitation and there may be the necessity to contact a private investigator to assist in getting the proof that is necessary for such a termination. The best course of action would be to meet with a family law attorney and discuss your options about the entirety of the situation, including the move, the language of the decree, and the possible resolutions.
The bottom line is one should always continue to remain in compliance with an existing court order until the court changes it regardless of the circumstance. If changes are needed one must return to court to have those changes considered and ruled upon.
Catherine Hendrix is a partner at the Law Offices of Lester & Hendrix where they are committed to solving divorce and separation issues. Families throughout South Carolina can rely on their team of Attorneys for advice and counsel.Back To Top
Certified Divorce Financial Analyst
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