The family court can modify certain court orders. However, the court cannot modify some orders once made by a court. In this case, the court lacks subject matter jurisdiction. Simpson v. Simpson is a case that looks into modifying property division in SC.
Case Facts
After 35 years of marriage, Wife filed for divorce from Husband. Wife requested a division of the marital assets, including property that Husband transferred into his company. The court awarded Wife with 34% of the estate. Wife later filed a contempt action, alleging that Husband had failed to transfer the funds and properties. Husband argued he was not the owner of three of the properties but that his company was. The court found that Husband was not in contempt. Wife moved for the court to reconsider. Wife also argued that no contempt would result in her receiving less than her share of the marital assets. Thus, the court modified the property division.
On appeal, the Husband argued that the family court lacked subject matter jurisdiction to modify the property division. The court of appeals agreed. The court stated the law in SC is clear that the family court does not have the power to modify property divisions. Once a court has made a division of property, the division is final, pending appeals of that order. However, once a party has exhausted all appeals, no one can modify the division.
Modifying Property Division and Family Law Procedure
It is very important to know how family court works in South Carolina. If you do not like how a court divides property, you must appeal that order. You can do nothing about it later because modifying property division is impossible. Having a lawyer could help you avoid these costly mistakes.
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