Dependent spouse and alimony


#1

He would need to show that he had an involuntary decrease in his income in order to reduce alimony. If you can prove it was reduced in bad faith then your income would not be subject to a reduction.

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 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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#2

Just to follow up and to report there is justice out there. The judge found him in contempt for failing to pay CS/SS. The reason he gave the court was that his income was much lower and he only had enough to pay his own bills. He was found to have lowered his income in bad faith and the entire back amount was awarded to me, plus some atty fees. I guess if he was dirt poor they could not have made such a ruling, but the kicker was he had assets to draw from, he just chose not to. Now he does not have a choice.

He was asked to pay some in atty fees, but the cost was still higher to me as during the time period he was not paying (around 8 months) I had to supplement my salary with loans, credit cards, etc so I have the interest to pay on them plus I have my own atty fees to fight the case. But it was worth it, as he was clearly trying to hurt the kids and I financially and the judge saw through it.

I had to take on a second job to pay expenses during the time he was not paying. Now he is taking me back to court again to modify CS/SS due to the fact I am making more money. I did this to just pay my bills and would like to drop back to just my previous job. Would the court likely see that as bad faith. It was a financial hardship on us during the time he was not paying.

thanks for your help.


#3

I will clarify.

We went to court charging him with contempt.

He also filed a motion to modify support but it was not heard at the contempt hearing.

They found him in contempt and no changes were made to the amount he is pay monthly, of course, as that was not heard

Now we are going back for the motion to modify order. But, he will use the same reason as he did in the contempt “I have a lower paying job and I cannot afford to pay support”

Since the judge found he lowered in bad faith for the contempt hearing and nothing has changed on his part, would she again say he lowered in bad faith and not reduce the amount.

Only thing, like I said in the previous post, was that I had to take on a second job to get us thru the difficult time when he was not supporting. Can he use that as evidence of change of circumstances.


#4

Given the circumstances it is unlikely the court will consider the money from your second job income that justifies a change in child support, nor will they penalize you for leaving the job. Child support cannot be modified retroactively so he cannot modify it for those past months.

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 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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#5

What if a spouse was considered financially dependent (he made 80% and I made 20%) throughout the 21 year marriage and then one year after divorce he changes to a much lower paying job so that now the financial split is different (he - 60%, me 40%) We are still working off the PSS order, ED filed but not settled. He filed a motion to modify CS and spousal support. He committed marital fault with adultery.

Question - Does our side have to show he voluntarily lowered his income to decrease the amount of support he pays us? If we can show that will the order stand as is. He is remarried and his new spouse makes enough to support him so in a way he did do this as a selfish act. Could this be a reason to ask for something different than a 50/50 split in ED?