Are there any guidelines for a person who gets Alimony have it reduced if they rec more than 60K from a settlement?
If alimony is set forth in a separation agreement, there is no avenue to seek a modification. If you have a court order on alimony you could always petition the court for a modification based on a substantial change in circumstances.
I am sure that I could petition the court, but I want to know what has been done in the past? Isn’t 70K a windfall and isn’t that grounds for termination of alimony? No agreement was signed! Also isn’t retirement and disability also grounds for terminating alimony? I would like a bit more data on this subject please.
I’m not sure what kind of data you are looking for. If you have a court order on alimony you can file to modify/terminate alimony based on a substantial change in circumstances. If alimony is set forth in a separation agreement, you cannot modify it.
what I am asking is what the law allows as far as terminating alimony? can you post the alimony law for nc here please. I read somewhere that disability or retirement can also terminate alimony, also that receiving a large windfall payment can terminate it. What might work in Raleigh NC won’t work in Fayetteville NC because there seems to be a huge bias there toward men. Does Rosen Firm represent cases in Cumberland County?
does the money have to be in existance to ask for a modification??
As stated previously, the standard for modifying an alimony order is “a showing of changed circumstances.” The statute that discusses this is NC Gen Stat § 50-16.9. Our laws do not specifically state that receiving disability or retirement automatically terminate or modify an alimony order. You should file a motion to modify citing that her $60K settlement reflects a change in circumstances. Our firm does not take cases in Cumberland county.
What is wrongful termination lawyer mean?
Wrongful termination is a term used in employment law. A wrongful termination attorney would be someone who practices employment law.