Word to the wise to anyone reading this post. Have a professional review your separation agreement before you sign it.
I have been a a difficult financial position and have fallen behind on my alimony payments. Ex wife has told I am threatening her survival. I responded you are an adult and you are responsible for your survival.
I have not denied I am behind and I have to pay her as much as I can while still paying the mortgage in a home she lives in but I never will.
We are headed for a mediation session. I am planning on proposing a plan to get caught up but I am hoping we can clear up an ambiguity in the agreement.
Premises for support is she MAY have an illness that prevents her from getting employment. I have no clue if this is true or false. My request in mediation will be for her to come up with a plan for her to be fully responsible for her survival and end support at some future date.
I feel like I am in prison with a life sentence. Could I really be held responsible for her survival for ever and ever?
You are only responsible for the specified alimony payments for the duration specified in your separation agreement. You are otherwise not financially responsible for your ex-wife’s survival and wellbeing beyond what you are contractually obligated to in regards to alimony in your separation agreement.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Thanks for your response.
The problem is the agreement has no clarity in regards to duration. What are the procedures to clear up this ambiguity?
And I should I should have added the duration of her support is dependent on her health and ability to find employment.
If your separation agreement does not state a termination date for alimony, then the alimony payments would be indefinite. If you were to stop paying at any given time, you could risk a breach of contract lawsuit from your ex-wife for your failure to perform as the separation agreement states.
The only way to address this problem is to enter into an amendment of your separation agreement if your separation agreement allows. Your ex-wife would have to agree. It may be possible to reach a resolution regarding this at the mediation, particularly if your mediator is a NC certified family financial mediator.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Excellent, thank you very much for your information it has been very helpful.
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