Modification of Alimony


#1

My monthly alimony payments are to be paid until Dec 31, 2014. Per the Consent Order, “This alimony provision is intended to be non-modifiable and except as set forth herein, each party waives any and all right to spousal support from the other party”. According to the Modified Child Support Order mentioned above, “Child support shall be recalculated and modified pursuant to the North Carolina Child Support Guidelines upon Plaintiff (me) beginning full time employment” when I finish school July 2014, and I will need full time child care.

My question is, is it permissible to revise child support according to the Guidelines by the end of July, but leaving the current child support and alimony terms intact until January 1, 2015 (when his non modifiable alimony obligation ends)?


#2

Yes, you can agree to enter a consent order that changes things in the future. Obviously, this will require the consent of both parties. If you cannot come to an agreement that alters the previous court order, the other party may file a motion to modify child support pursuant to the terms of the order or file a motion for contempt for your failure to follow the order as it is written and voluntarily recalculate.