COLUMBIA, SC (WIS) – “Until Death Do Us Part” is a vow most couples make when they marry, but not all marriages keep.
In some cases, when a married couple decides to divorce, one of the spouses must pay alimony. There are several types of alimony in South Carolina, including rehabilitation alimony that is paid for a number of years. There is also a lump sum that can be paid in one go or in multiple payments. Continuous regular child support, which experts say is the most common type of child support given in South Carolina, must be paid until a person has died or the person being paid remarries or is with for at least three months someone lives together.
A married couple in Upstate state said they may be forced to lose their home due to constant maintenance payments.
“This is my whole world here,” said Joe, 81, of his wife Rachel.
Joe and Rachel have been married for 30 years. Both asked us not to use their last name for this story.
“He’s a strong man because he had malignant lung cancer, he had colon surgery, he had knee surgery, he had back surgery,” Rachel said.
Joe made it through the health problems, but there’s something he hasn’t been able to get rid of in decades.
“I paid almost half a million dollars in child support,” said Joe.
Joe has been keeping his first wife in 35 years – longer than their marriage.
“It’s killing me. All the investments I’ve made, investments and the property I’ve bought and all that, all of it is gone because I have my mortgage here and I have to pay alimony. It just wears me out little by little, ”said Joe.
Members of the South Carolina Alimony Reform group want to change the state of maintenance.
“We just want permanent alimony not to be the award of the day, so to speak,” said Melissa Cash, South Carolina alimony reform attorney.
Permanent maintenance can be changed by a judge. In 2010, Joe said a judge cut his payments from $ 1,600 a month to $ 1,100. He couldn’t cut his payments again because he couldn’t afford a lawyer.
“I’ve done my best not to fall behind and it’s getting harder and harder,” said Joe.
Joe and Rachel know that they may have to sell their house in order to keep paying the alimony. They say they don’t know where to go in such a case.
“It’s going to kill me, but it’s material things. True love is one another, ”said Rachel.
The South Carolina Alimony Reform is not trying to get rid of child support, it is just trying to change the way it works.
“A reasonable amount of maintenance to help you transition from marriage to single is certainly appropriate and appropriate,” Cash said.
Joe and Rachel work with the group in hopes of making a difference. They say that even if things couldn’t change for them, they hope they can help other people.
Bills are being considered that could change the South Carolina maintenance laws. Some divorce lawyers say there is no need for change. They say the system is fine the way it is and we should trust the judges who make the decisions.
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