Alimony

If the divorce was granted in NC and one of the parties still lives here then the NC courts would retain jurisdiction over those issues. Permanent alimony can be terminated if you can show a substantial change in circumstances that justifies its termination (change in income, expenses, serious illness, etc.). North Carolina law does not authorize the payment of lump sum alimony to terminate a future alimony obligation, however you and your ex are free to reach an agreement that permits that.

If the alimony was in a contract and not a court order, and it was not incorporated into your divorce judgment, then it cannot be modified by the courts.

In order to get a comprehensive response to your questions you should take your agreement to an attorney and review it when them, they should be able to make you aware of your options.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I wanted to ask a question! If you are military and divorced in NC and you do not live in NC nor are you stationed there any longer does other legal issues for your divorce have to stay in the NC courts?

I am already divorced, but there are other legal issues that need to be hashed out. How can a NC have jurisdiction over me if I no longer live there?

Also how can you terminate or get permanent alimony stopped or reduced it is true that you can get it reduced based on if the ex gets a lump sum or you have a change in circumstances.

Is there no way out of permanent alimony ever. I have read here that if it is agreed upon in a settlement agreement that you are not able to do anything with it? Are you stuck paying it forever? I didn’t have good legal councel when I divorced so I am just wondering. The ex makes more money than I do and won’t work so I am trying to see an end to this.

It was reduced once but given to the ex in child support. I am now remarried and have other responsibities and the ex can work but won’t? SO are there any outs in permanent alimony? If not what are my options. Also when a child is 18 does child support stop or do you have to go to court for that?