Late alimony

North Carolina Divorce Law Divorce and Separation Answers
1

I think your best first course of action is to communicate with him, referencing the copy of your separation agreement stating that alimony is due on the first of the month, and letting him know that this is affecting your ability to pay rent. This would save you the time-delay and expense of pursuing a lawsuit. However, should you feel that negotiating with him directly is not an option, your remedy against him is for breach of the separation agreement. You should discuss with an attorney what this type of lawsuit would entail.

Meg Miller
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

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.

2

Good day,
My husband and I have a seperation agreement in place. In this agreement, he agrees to pay me alimony in a certain amount each month before or one the first of the month. Consecutively, he is late in payments. Generally, he postmarks the alimony envelope on the first of the month–then, I do not receive it until the fourth or fifth day of each month. This effects my rent which is due on the first of the month, as I am incurring late fees. I have not said anything to him because 1.) i have ceased communication with him 2.) i did not want to get ugly.
What are my legal rights on following up on late alimony? Is it worth the battle? What could I do to enforce this agreement legally?

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