Alimony modification

North Carolina Divorce Law Divorce and Separation Answers
1

I was also married for 20 years but I did not work outside the home. In my case, I was awarded a PSS amount (to pay my bills) which was ok. In the final orders, my expenses were reduced substantially by the Court. It has been hard. With your ex-husband claiming disability, he might have a case for reduced support. The Court has no sympathy for some women and in my case, none at all! I don’t know what to tell you except that 20 years of your life may count for nothing. I am so very sorry! I wish you all the best!

2

During the course of our 20 year marriage my ex spouse consistently made 80% of the income and I made 20%. We have a court ordered PSS stating the amount of spousal support and child support he is to pay. Divorce is final but we are still working off the PSS order which states he pays these amounts until he dies, I remarry, or I cohabitate. ED has been filed but not settled.

A few months ago he became injured at his job and is now collecting disability. He has remarried and his new spouse is able to take care of his financial needs. He is choosing to continue to not work, and to just collect his disability. He stopped paying SS/CS all together when the accident happened and filed a motion to the court to modify his obligation.

I have continued at my current job since separation. Even with what he was supposed to be paying in PSS it was difficult financially. We have 3 minor children. When he stoped paying completely I had to take loans out and borrow from family/friends to just pay the bills.

We will soon take this back to court. My questions:

  1. Regarding spousal support. I know this was based more on me being the dependent spouse but he did commit marital fault (admitted to it at the PSS trial) so how likely is it that he will be able to get that reduced. Aren’t I entitled to something because he committed adultery (I did not commit any marital fault, by the was). Or, is it likely it will change dramatically because his salary is now much much lower.

  2. Because it was his choice to now make a lower salary resulting in his inability to fulfill his SS/CS obligation, could it make a case for an uneven ED split.

  3. Can we continue to work off the PSS order or does that sometime have to be changed to a permanent order.

I am doing all I can to take care of my children and working my share.