Alimony modification - birth of child


#1

I have a January 2013 executed separation agreement with alimony specified from me to my ex for the term of 60 months. It is financial burden that is too much (85% of my salary), but I agreed because I feel a responsibility to my ex and did not want to drag us into litigation.

I would like to remarry and my new partner and I are discussing children. What is the current predominant interpretation in NC for reducing the amount of alimony? I have heard/read differing opinions
a. it is a voluntary responsibility if I have a child in a new relationship so alimony cannot be reduced, versus b. modifying alimony based on a new support obligation for the birth of a child is acceptable.

Thanks in advance!


#2

If your alimony obligation is contained in a separation agreement, the agreement should say whether it is modifiable, and if so, how a party should go about seeking a modification. There are no hard and fast rules as to what constitutes a change in circumstances allowing for a modification of alimony. You need to recognize that the courts treat agreements different than court orders though.