In 2012, my husband and his ex wife both signed a consent order for him to pay $500 a month starting in may 2012 to April 2013, $400 a month may 2013 to april 2014 and $300 per month starting may 2014 to april 2015. In total the amount should have been $14400. In July 2014 she agreed to accept $100 a month due to the fact that he was unable to pay her the full amount. In November 2017, he was medically retired and lost half of his income and she is now getting $289.82 out of his retirement check which leaves him approximately $1500 a month in retirement. He still owes her around $5000 but is unable to pay her the $100 due to the fact that he no longer has the income he used to. She currently still lives at home with her parents, she has a bachelors degree and a masters degree, she works for the state, she works part time for the a sports complex and she has currently talked about purchasing a newer car. Would he be able to file a motion to modify/terminate alimony based off of these circumstances and if so, what paperwork would we need to file this motion ourselves?
Yes, your husband can file a motion to modify alimony based on substantial change in circumstances occurring since the time of the original alimony order. He will need to prove that his income has been reduced by a medical condition (i.e. documented doctor’s instructions, etc.) and that the decrease is due to no fault of his own.
The only paperwork he needs to file is a motion to modify which sets forth basic allegations as to the basis for the motion. Later he’ll need his documentation to prove the allegations in court, but he will not need to file these with the motion.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Is there a specific form off the Aoc website or is this something we draft ourself? The only thing I seem to find is a motion to modify child support…
There is no pre-printed form for a motion to modify alimony. This is something that you would draft yourself.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.