It depends on whether you could qualify as a dependant spouse under the alimony statute. (See NC General Statute 50-16.3A(a).) A dependent spouse would be awarded alimony if the court determined it would be “equitable after considering all relevant factors”.
If you fit the definition of a dependant spouse, the amount and duration of support are determined, in part, based on the needs of the dependent spouse and the ability of the supporting spouse to pay.
You mentioned your spouse’s income/earnings- The court would only use actual income/earnings to determine support, unless you were able to demonstrate that your spouse was acting in bad faith or otherwise trying to avoid paying support.
Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.265.0017 direct
919.321.0780 main voice www.rosen.com
Email: dthrom@rosen.com
4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice
Like I said this is mainly a cash business no proof just that the taxes of 03 and 04. 03 was 50k and 04 68k and that was with only one salon now there is 2 so should the income be more yes but how do you prove it? I can not would the judge look at that?
Thank you
Determining income where the accounting is less than by the books would require an experts help. There are forensic accountants that are able to examine various records to help figure this information out. For example, they can look at the financial records and expenses to see if the person’s spending exceeds their stated income. This would likely have to occur with litigation, so you could obtain the financial records required to prove this. Hope this helps.
Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.265.0017 direct
919.321.0780 main voice www.rosen.com
Email: dthrom@rosen.com
4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice
I read one of the topics and about adultery from gladsheisgone and he was talking about alimony can he get it, why I am asking I thought the spouse who made more money had to pay alimony. My STBX did the same thing to me I know she tried to get me to pay her alimony but she said in court that she cheated I know that just put her getting an alimony from me out the door but can I get alimony from her? Even if she says that she makes less then I do which is a lie due the taxes of last year 68k I was 45k and she only had one salon that this year there are 2 salons. I know she is making more then 68k. But even that if she shows that she is making less of an income will she have to pay me alimony?
If I can get aliomny I know this is silly to ask but how much? And due the fact that she did this crime can I get primary custody of the children?
She has also lied in court will that play a big part in the case aswell in aliomny and child custody. Also due to the fact she did lie in court can she go to jail for that or pay a fine aswell [:D]
Thank you so much this forum is great for anyone who is going though sorry to say this (crap) this should never happen to anyone never but I does just hope good people get what they should and the bad people get what they should.
Thank you