How much alimony is too much


#1

He is bound to the signed agreement-even if it means taking a second job.

As far as you go, ignorance of the law is no excuse. However, threats via email are just that–threats. She will have to retain a lawyer and formally sue you to make a case, (unless there is some DIY kit out there) so until she does that, she has no case against you. I would not worry until you have been served with formal papers.


#2

It all depends. If the judge is an adulterer, you are safe. It cost a pile for an A of A. No use to sue if you, the girlfriend, has nothing. If your boyfriend has signed an agreement, then he is obligated pretty much. And also, why believe anyone who cheats on his wife? Just my take anyway.


#3

I am not sure what you are asking. Alimony is based on the income of each party and their ability to pay, however the judge is the person who determines what their ability to pay is.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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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.


#4

It’s still pre-divorce at this stage, there has been no signed separation agreement. It’s been a year of trying to haggle one out between the two of them. She wants him to pay full health insurance, which alone would exceed any income he might have after child support payments and his personal support. He’s not living extravagantly. In Wake County, his rent payment is less than $450. No eating out, no clothing purchases, just debt payments, and he’s already paying child support voluntarily.

She’s asking for alimony that he can’t afford to pay right now, but is paying while not paying other debts so that he can help her get on her feet. She’s asking for the alimony to increase by a set amount every couple of years, while asking him to bear the costs for college education and support of the kids too. He cannot increase his income any more than he already has by taking the second job. She can work more than 10 hours a week, but refuses to.


#5

BTW, momsdaughter, FWIW, make all the assumptions you want about whether or not he’s a cheat. He wasn’t. (yep. she told him he could date after the separation, then went back on that.) You don’t know the situation. The only reason why I’m with him is BECAUSE he didn’t cheat, and I’ve known him long enough to know. I’m not vain enough to think that I’m so hot that a guy who is prone to cheating, wouldn’t eventually cheat on me. He was honest with her in situations where most men would lie to avoid an argument. So, please don’t judge.


#6

Have you seen this yet?

rosen.com/ppf/law/alimony-support/index.asp

Great resource :slight_smile:


#7
quote:
[i]Originally posted by familyof7[/i] [br]Have you seen this yet?

rosen.com/ppf/law/alimony-support/index.asp

Great resource :slight_smile:


Thanks familyof7!!
Wow~~~~Big family! I LOVE big families… Very helpful,fabulous resource!! [8]
Rosen really rocks!


#8

Can the wife require the husband to pay health insurance, (which she already qualifies for through the state on her income) and alimony even if either one of those amounts alone exceed what he is able to pay? He can’t even pay his college loans currently, as well as other debts, even though he had to take a second job to pay the child support and post separation support he’s paying now.

We didn’t read the law prior to getting involved, and began dating after she asked him for a divorce, but were friends prior to that time. Would a judge award her alimony above and over what he is capable of paying because of this? (Yes, she’s already threatened me via email with AA & CC prosecution as well as other verbal threats over the phone of a much more damaging nature.)