What does your separation agreement say, and why didn’t you address this issue ten months ago?
quote:There was no provision in the agreement if I earned less money. This was not delt with ten months ago because my spouse did not care if I earned less money she wanted twice the money I am curently earning I will also add that even though she has not recieved support I still pay on behalf of the children during this time over $900 a month in healthcare and day care for them mw
[i]Originally posted by Golfball[/i] [br]What does your separation agreement say, and why didn't you address this issue ten months ago?
Unless the Agreement permits you to modify alimony, or there is some other loophole, you are probably stuck paying her the amount of alimony you agreed to pay. The court may find that you did not breach the agreement if you did not have the ability to comply, however with alimony that is not usually the case. I would take your Agreement to an attorney as soon as possible to see if you have any legal options.
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 had signed a seperation agreement over a year ago giving my spouse Even though she left me I gave her a strong alimony package because I was afraid she would try to take the children out of state and I figured the money would keep her here. Now the problem the income I was basing my payments on where based on the past three years of earned income I am a commission salesman. Well this past year I earned half of what I did before do to market conditions. This not only put me behind on child support but I have not paid her any alimony in the past ten months. I now have a new job and income should be getting better. However she is getting ready to take me to court to pay back money based on income I did not earn. Now my questions. Do I have the right to demand the agreement to be changed in the courts since my income dropped at no fault of my own. Or am I legally stuck with the agreement I signed based on a different salery.
My argument is how can I be forced to pay more then I earn.
mw