Separated in '16, absolute divorce in '18. Divorce was finalized in NC, however I moved to Utah in 2017, and ex moved to Nebraska in 2019. Ex-husband made 150k when we divorced. Now he makes at least 400k (possibly more). I work full-time, but only make 12k a year. 4 children (2 have graduated high school since the divorce). He pays $1800 in child support and $4400 in alimony. Would I be able to modify the alimony or child support? Also, having 2 children age out of CS, does that mean that the amount automatically gets cut in half? Lastly, he doesn’t come see the kids like he said he would in the divorce papers- does that affect child support considering that he only comes out and sees them one day a month? Any advice would help tons:)
Are your child support and alimony terms in a separation agreement or court order (a court order can also be a consent order)?
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.
It was originally a separation agreement. When the divorced was finalized my lawyer had to go to court and ask for an absolute divorce because my ex wouldn’t sign the papers. He didn’t show up to the court hearing either.
If your child support and alimony terms are in a separation agreement and not in a court order, then they are only modifiable with the mutual agreement of both parties. Generally this means your alimony terms will not be able to be modified unless your ex-husband agrees.
Child support is not automatically cut in half if 2 of the 4 children age out. Child support would need to be recalculated given the current financial circumstances of both parents. Since the minor children have lived in Utah for three years now, child support should be recalculated under Utah’s child support laws. You would be able to file a child support action in Utah in order to recalculate and modify child support.
In North Carolina, the amount of overnights each parent has with the children does affect child support in that it determines whether child support Worksheet A or Worksheet B is used. I am not licensed in Utah and therefore unable to say how custody and visitation affects child support.
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.