I have a question about alimony. My Ex is to still pay me for almost three years alimony once a month.
In less than two months, I’m moving from NC to Upstate NY to live with my parents for financial reasons. I have not been able to find a job and cannot afford to live where I am now. Plus, one of my children turned 18 last year, moved out-of-town and is attending college and my other younger child is moving to live with her father this summer. So, I’ve lost child support on one child and am soon to lose it on the other.
Now, my living arrangements with my parents will be living on their property in a separate house that they only keep only open in the summer months and early fall due to the cold weather, and I’ll be living in their main house with them the rest of the time. I plan to seek employment and hope to at some time pay them some rent and help out as much as I can financially with food, etc. In addition, I hope to be in my own place at some point when I can afford to do so, but it’s like I’m starting all over again.
My question: Is my Ex still obligated to pay me the alimony for the next 2 3/4 years as outlined in the Consent Order we signed several years ago? The reason I ask is I thought I read or heard somewhere over the years that moving in with family or obtaining a non-romantic same gender roommate for financial reasons could cause the loss of alimony. I am definitely not in any romantic or sexual relationship at the present time nor have I had any live-in boyfriends over the years.
Here’s the wording in the Consent Order that was filed in court pertaining to my question about alimony:
“Alimony payments shall terminate upon the occurrence of the earliest of the following events: (i) the death of Defendant or Plaintiff, (ii) the remarriage of Plaintiff, (iii) the reconcilation of Plaintiff and Defendant, (iv) the Plaintiff engaging in cohabitation as defined by law, or (v) the end of the ten-year period in which Defendant is to pay Plaintiff alimony as outlined above.”
Here is what the NC General Statute says:
"§ 50‑16.9. Modification of order.
(a) An order of a court of this State for alimony or postseparation support, whether contested or entered by consent, may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested. This section shall not apply to orders entered by consent before October 1, 1967.
Any motion to modify or terminate alimony or postseparation support based on a resumption of marital relations between parties who remain married to each other shall be determined pursuant to G.S. 52‑10.2.
(b) If a dependent spouse who is receiving postseparation support or alimony from a supporting spouse under a judgment or order of a court of this State remarries or engages in cohabitation, the postseparation support or alimony shall terminate. Postseparation support or alimony shall terminate upon the death of either the supporting or the dependent spouse.
As used in this subsection, cohabitation means the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship. Cohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations. Nothing in this section shall be construed to make lawful conduct which is made unlawful by other statutes.
© When an order for alimony has been entered by a court of another jurisdiction, a court of this State may, upon gaining jurisdiction over the person of both parties in a civil action instituted for that purpose, and upon a showing of changed circumstances, enter a new order for alimony which modifies or supersedes such order for alimony to the extent that it could have been so modified in the jurisdiction where granted. (1871‑2, c. 193, ss. 38, 39; 1883, c. 67; Code, ss. 1291, 1292; Rev., ss. 1566, 1567; 1919, c. 24; C.S., ss. 1666, 1667; 1921, c. 123; 1923, c. 52; 1951, c. 893, s. 3; 1953, c. 925; 1955, cc. 814, 1189; 1961, c. 80; 1967, c. 1152, s. 2; 1987, c. 664, s. 3; 1995, c. 319, s. 7.)"
Thank you for any information you can provide me.