Modification to SA

North Carolina Divorce Law Divorce and Separation Answers
1

I am divorced and I am now responsible for paying are large amount of Alimony to my Ex according to my SA. In my SA it states that prior to the sale of our home I would have to pay $x per month in Alimony and after the sale of our home I would have to pay $x + $y in Alimony. I have not been able to afford to pay $x + $y for a long time now due to insufficient income. I have gotten re-married and my new wife is disabled and cannot work due to a chronic disease. She has been denied Disability/Social Security. So therefore, she has no income and I am her sole financial support for all her needs. My new wife was not aware before we were married that I would have to pay $x + $y each month to my ex-wife.

So here are my questions:

1.) Can I get a court to force a modification of my SA due to the above situation?

or

2.) Can my new wife sue my ex-wife to get a modification of my SA from a court?

Thanks.

2

Your new wife has no rights with regard to your SA, and alimony outlined in an SA is not modifiable.

3

I understand. What type of an attorney would my new wife need to speak with to pursue a lawsuit against my ex-wife outside of the SA?

4

What type of claim?

5

A claim that if I am forced to pay my ex the large amount of alimony stated in the SA, then I will not be able to financially support my new wife. The lawsuit would attempt to have the alimony reduced by forcing my ex to agree to a reduction in alimony. The new amount would be based what I could afford and stil support my new wife and myself.

6

No, there is no such claim available.