My separation agreement was written to support my ex giving her HALF my pay each month, HALF any bonus I receive each year - basically half of everything because she couldn’t work for “medical reasons”.
Now two years later she is working (miracles!) and yeah! for her, she is making more money than I am!
Is there any way I can get half of HER pay? I say that tongue in cheek, but I’m outraged at the act she put on that she was incapable of working during our SA creation with our lawyers but now, things just seem to be better (and her “'I’m not capable of working” condition seems to have cleared up.
This is unfair and she should stand on her own two feet or at least without taking half my pay.
Can I take her to court to change the terms of the SA or is this all wishful thinking?
Terms in a separation agreement can be modified only by consent of both parties and if the separation agreement allows for amendments. Alimony in your case cannot be modified in court because the terms were entered in a separation agreement.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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