Court over issue of reduced expenses

I believe I have previously addressed this question. If you have reduced your mortgage payment to enable you to live with the support you have been provided, and there are no other substantial changes, it is unlikely the court would make a change in alimony based solely on that fact.

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.

Ms. Nevicosi:

My specific question about reducing my expenses is this: Because I have been forced by my financial situation to live within my means (selling the marital home which I can no longer afford to live in) and moving to a more economical place simply because I have NO choice, will land me back in Court for a reduction in alimony and child support. Because I have NO choice, my ex will haul me back to Court whining that I don’t need what I have now which what I have now does NOT allow me to live in any way, shape, or form the way I did during the marriage! Ex walked off with over 90% of his income and over 50% of the property. What do THEY expect me to do? I am doing all that I can to try to get my life back to some order and have accepted the unfairness of this situation. The income differential is over a quarter of a million dollars per year and I cannot live in a 350,000 house on my income of 72,000. It just simply cannot be done. So, what chance does he have in Court of further reducing my income, huh? He gets EVERYTHING he wants. EVERYTHING.