Ex-wife got everything


#1

Just one more thing to add. I searched the website and forum and couldn’t find the answer. Is alimony considered income when calculating child support? The ex-wife just got a new job and the child support was originally calculated with her income as zero. How do you get copies of her W2’s or paycheck stubs to prove her income has changed?


#2

Dear HelpUSplease:

Greetings. First, if she is cohabitating with a male of the opposite sex, her alimony should end - if it says in the separation agreement that alimony terminates upon cohabitation. If the separation agreement does say that alimony terminates upon cohabitation, then you may want to hire a private investigator for a couple of weekly visits to show that every time he went to the house at night, the new boyfriend was sleeping over there.

Next, you should check on our child support calculator here and see what the child support should be. Alimony would be counted as income, along with any other employment income she has. If the calculator number is significantly different, you may want to file with the North Carolina Child Support Enforcement to have your child support amount set by them. They will be able to obtain her income information.

The insurance is not generally treated as alimony, so that will continue until the date it ends under the agreement (if it does end). Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#3

Thank you for your response it was very helpful, I just have a couple other questions.

  1. We don’t know if this boyfriend is actually “living there” or even how often he stays the night. Is the frequency relevant or is it just the fact that she is having overnight opposite sex guests?

  2. If we hire a PI to prove that she is cohabiting, can he just stop paying her alimony or does there have to be a court preceding?

  3. In the sep. agreement, the husband was responsible for the debt that was acquired during the marriage, which totaled over $50,000.00. He had no other choice than to use an inheritance to pay off this debt. Is there any way to go back and make her partly responsible for this debt?

  4. Is the alimony that he pays her deducted from his income and added to her income when using the child support calculator?

Thank you so much for all of your help ~ This is a great website!!!


#4

Dear HelpUSplease:

Greetings. Here goes:

  1. The frequency is relevant, but it may not be if you have other language in the separation agreement binding her to no overnight guests. The key is to review the agreement with an attorney.

  2. He can stop upon co-habitation if he has the evidence.

  3. No.

  4. It is added to her income, but not deducted from his.

Once again people, DO NOT SIGN A SEPARATION AGREEMENT WITHOUT AN ATTORNEY REVIEWING IT. The results are generally not happy ones! Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#5

I know that there is not much you can do once you have signed a seperation agreement. But, my boyfriend has been divorced about 5 years. His sep. agreement has a lot of contradictions in it and it requires him to pay his ex-wife $950 child support, $850 Alimony (until 12/15/2005) and $400 (health insurance (Kids and wife) per month. His gross monthly income is $4333.00. The only advice his attorney gave him was that it was going to be tough for a while. He does not have the money for anything, he is going in debt every month just to pay her. She is working part time as a substitute teacher. She got the car and the moved 3 hours away along with the entire contents of the house. Is there anything that can be done to alter the monthly amount that he has to pay her?

The kids just told us that her new boyfriend stays the night in Mommy’s bed all the time. (I know it is hard to believe everything children say.) Is there a certain number of nights that she has to stay with the new boyfriend before her alimony and insurance can be discontinued? Thanks for all of your help and sorry for the loaded questions!!!

P.S. - We are cohabiting, it does not specify anything in the agreement about the Husband cohabiting. We cannot afford to get married and sharing housing expenses is the only way he can make ends meet. THANKS!