Equitable distribution and Alimony

#1

Our case went to trial and was decided on 01 February, 2016. An order was issued on 07 March, 2016.

I have fulfilled everything in order and alimony obligation will end on 01 March, 2019.

Can she reopen the claim? if so, would she have to start the complaint all over and I would get have chance to file counter claim, etc.

Once the order is final and I have fulfilled all the court order requirements. How likely is it a person to file a new claim and what is the process so I can read up on it.

#2

A court order for alimony is final. Your ex-wife cannot file a new claim for alimony because this issue has already been litigated. She cannot ask that it be extended because the order is final.


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.

#3

Wow…thank you very much! Feel a lot better…take care.

#4

She said I owed her alimony from 01 March, 2016 to 01 March, 2019 of $1,250 a month, which I paid. Now I have to pay 1,000 dollars a month. The following is the order from the Judge:

  • On 07 March, 2016 the Honorable xxxxx ORDERED, AUJUDGED AND DECREED that:
    • (1) Alimony . Defendant shall pay alimony to Plaintiff in the amount of $1,000.00 per month effective March 1, 2015. Defendant’s obligation to pay alimony shall begin with payment of $1,000 on March 1, 2016 and shall continue with the payment of $1,000 per month on the 1st day of every month thereafter until March 1, 2019 when Defendant’s obligation to pay monthly alimony shall terminate.
    • (2) Arrears . Defendant owes Plaintiff arrears in the amount of $12,000 for the period March 1, 2015 through March 1, 2016. Defendant shall pay this arrearage to Plaintiff in payments of $250.00 per month beginning March 1, 2016 and continuing with $250.00 per month for every month thereafter until March 1, 2019.

It says my alimony obligation has ended on 01 March, 2019. What is your opinion?

#5

Assuming that you made all payments in full and on time, then your alimony obligation has clearly terminated. You were to pay $1,250/mo. ($1,000 alimony + $250 arrears) from 3/1/16 - through February 2019 since your obligation terminates effective 3/1/19.


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.

#6

What is she files another claim? What would be my argument or state statue I would state in my defense?

#7

Your ex-wife cannot file another alimony claim if you are already divorced. Your argument would be that (1) you are already divorced and (2) the issue was previously litigated.


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.

#8

She said I owed her alimony from 01 March, 2016 to 01 March, 2019 of $1,250 a month, which I paid. Now I have to pay 1,000 dollars a month. The following is the order from the Judge:

  • On 07 March, 2016 the Honorable xxxxx ORDERED, AUJUDGED AND DECREED that:
    • (1) Alimony . Defendant shall pay alimony to Plaintiff in the amount of $1,000.00 per month effective March 1, 2015. Defendant’s obligation to pay alimony shall begin with payment of $1,000 on March 1, 2016 and shall continue with the payment of $1,000 per month on the 1st day of every month thereafter until March 1, 2019 when Defendant’s obligation to pay monthly alimony shall terminate.
    • (2) Arrears . Defendant owes Plaintiff arrears in the amount of $12,000 for the period March 1, 2015 through March 1, 2016. Defendant shall pay this arrearage to Plaintiff in payments of $250.00 per month beginning March 1, 2016 and continuing with $250.00 per month for every month thereafter until March 1, 2019.

I calculated the arrears alimony it says 12,000. It begins on 01 March, 2016. If I paid 250 a month from beginning on 01 March 2016 to 01 March, 2019. That is only 9,000 dollars.

I started on 01 March, 2016 to stopped 01 March, 2019. This is an extra month which is 1000. So I think I owe her 2,000 dollars right?

#9

There appears to be some ambiguity with your order. However, it clearly says your alimony obligation terminates on 3/1/19 and that you are to pay the arrears until 3/1/19, not until it is paid in full. You can either voluntarily pay this amount or require your ex-wife to file a motion to clarify the judge’s order.


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.