Alimony question


#1

I just have one more thing to add…

My fiance informed his ex-wife that he will be prorating her alimony because she is getting re-married prior to the cutoff date. She got irate and threatened to push back the wedding. She also said she wouldn’t let him see the kids if he didn’t pay as much as she wanted. (She is constantly using visitation as a threat.) During the seperation, she moved out of their house and moved to Charlotte, NC. The separation agreement states that he is supposed to get the kids every other weekend, Wednesday nights and on alternating years for holidays and two weeks over the summer. It does not take into account that she moved 3 hours away. He is unable to see them on Wednesday nights or take them to school or go to school plays, etc. After he told her about the prorated alimony, she said that she would stop meeting him with the kids and he would have to come to Charlotte to get them. (Currently, she drives 45 minutes and we drive 2 hours, not exactly half way.) Can she make him drive to Charlotte to get the kids? By the time he gets there after work, it would be 9pm and he wouldn’t be back to Raleigh until midnight. He is considering paying her in full, just to avoid losing visitation. One time, we drove to the meeting spot and she got upset about something and drove away with the kids in the car. If it is his weekend and she refuses to let him get them, can he call the Sheriff if he has a copy of the agreement? Sorry for the long email. Unfortunately, she is not a pleasant person to deal with and we would appreciate any advice you could give.


#2

Dear HelpUSplease:

Greetings. Here is the answer, like it or not:

  1. If the remarriage occurs on the 14th, and alimony is paid on the 15th, it is not paid during the month of the marriage.

  2. If the remarriage occurs on the 16th, and alimony is paid on the 15th, the entire amount of alimony is paid on the 15th during the month of the marriage.

I hope that helps. Wait for the marriage and then deal with the payment issue. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

regarding visitation. absolutely call the sheriff if she is refusing the court order. in addition, you should consider taking her to court for contempt of the order. my biggest suggestion is to document, document, document. document every statement that she makes, document every time she is in contempt of the order. if you have a recorder, record every phone conversation. documenting is wonderful but if you have her voice along with her tone, it can work wonders.

if it were me, i would have filed papers requesting that she not be allowed to take the kids out of the county. if she wants to move, go for it. the kids would stay. the distance impedes your fiances ability to have a prosperous relationship with his children.

if the divorce was filed in wake county, then wake county has jurisdiction. she would have to request a change of venue. sometimes judges are too happy to do this.


#4

I have a question about a final alimony payment. The separation agreement reads:

“Pending the sale of the house and lot at XXX, the Husband shall pay to the Wife, as alimony, the sum of $91.95 per week on Monday, with the first such payment being due on or before the Monday immediately following the execution of this agreement. Following the final closing of the sale of the house and lot at XXX, the Husband shall pay to the Wife, as alimony, the sum of $850.00 per month on or before the 15th day of each month, with the first such payment being due on or before the 15th day of the month following the closing. The Husband’s obligation for the payment of alimony shall terminate upon the death of the payee/recipient, the death of the payor, except as provided for herein, the remarriage of the payye/recipient, or upon the regular cohabitation of the payee/recipient to an unrelated person of the opposite sex, or on December 15th, 2005, whichever comes first.”

My fiance’s ex-wife is getting remarried on November 26th and the alimony terminates on that date. Our question is:

His regular payments are due on the 15th of every month. Is alimony paid in advance? When he paid the alimony on October 15th, this money covers October 15th through November 15th, right? If this is correct, then he only owes her for 10 days in November, correct?

Simply put: Is alimony paid in advance or in arrears?

Thanks so much for your immediate response!