Alimony Dismissal

We separated in 09/2017. I filed for and was granted divorce November 2018. My X answered/filed for alimony. …when he filed for alimony, he claimed he was the dependent spouse (which wasn’t true) and that he couldn’t work. But he has been supporting himself since we separated without help from me and has recently obtained a full-time job. I have my son full time and we share our daughter every other week. He hasn’t taken ANY action on it since he filed it last year, and I really would like to simply close at least that chapter of our mess (we still have custody and child support cases open). Do I have any grounds to file a motion to dismiss the alimony claim??

No, you don’t have grounds to have the alimony claim dismissed. However, it sounds like the facts are only in your favor the longer he continues to work and support himself and take no action towards calendaring the alimony issue.

You can likely negotiate that the alimony claim be dismissed as part of a final custody and child support settlement, particularly if you are in mediation for those issues.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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