Alimony award & remodification questions

North Carolina Divorce Law Divorce and Separation Answers
1

My ex was awarded alimony about 3 months ago (court ordered to be deducted from my check), but it’s never been taken out of my check (as of yet).

I already have child support deducted from my check, so I’m wondering if NC law won’t allow but so much money (a certain percentage overall) to be deducted from my check? And maybe that’s the reason they haven’t deducted any alimony yet??

What are the laws on how much they can legally deduct from my paycheck? By paying CS alone, I am barley making ends meet with what little I have left already. So when they start deducting alimony, it will be bare bones!

Also my living circumstances have changed since the awardance of Alimony to my ex (my living expenses have almost doubled). I used to live with my girlfriend, and the court did not figure in hardly any living expenses since my g’friend paid most of the bills. Now we have split up, and I’, in the process of purchasing a home, so I will have ALL expenses associated with a house (that wasn’t figured in original award of alimony).

Can I ask for a re-modification based on my changed living circumstances and higher expenses, which leaves me with less money to afford to pay alimony? And how much can they legally deduct from my paycheck (is there a percentage they go by)?

2

There is no maximum amount or percentage for alimony. Whatever the court ordered, you are required to pay.

If you have not been making these alimony payments, you can be held in contempt for violating the order. If you are held in contempt the judge can force you to make these missed payments and you can also face jail time. Additionally, If your spouse is forced to go to court to enforce payment of alimony it is highly likely that the court will order you to pay her attorney’s fees. You need to be making your alimony payments to avoid these consequences. It sounds like you may need to go through the steps to have the alimony deducted from your paycheck, if this is the method of payment set forth in your court order.

You can file a motion to modify your alimony order. To learn how this works and what the standard for modification is, consult the our article on modification of alimony.