Greetings. Let’s see if I can’t answer these questions and concerns about your friend being raked over the coals.
True/False section of your post:
Yes, and the judge can also order attorney fees, sanctions, and jail time for willfully failing to follow a court order. Once an agreement is incorporated, it is made into an order of the court.
No, not for alimony. There are only limits on child support.
That is up to the judge’s discretion, but typically yes.
- Once again, there are no federal limits for something he signed on and agreed to. If he owns no property, that is not at issue either.
His ex can ask the judge to make him pay every month and request jail as an alternative. Yes, it appears under this agreement that his living standard may be that of living in an apartment or renting space.
Now, there are two possible options:
File a motion to modify alimony. If alimony within the agreement was incorporated, then he can move the court to modify the alimony.
File a claim for recission of the separation agreement and court order alleging unconscionability.
Good luck…and whatever he does make sure that he does it quickly, even if he has to borrow the funds. The longer he waits, the more it looks like he agrees with the order.
Also, please let everyone know why it is so important to hire an attorney when signing a separation agreement. Imagine the costs and heartache that your friend could have avoided if he only hired an attorney!
Janet L. Fritts
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.