What is the legal process for modifying alimony post-divorce? The separation agreement states three reasons for alimony to cease: 1) Cohabitation; 2) Remarriage; 3) Death. There is no text regarding modification or clause regarding income review on either side: annual review of W2’s, etc. If the paying party now wants to pay less, what is the legal process they must go through to make this happen? And what would allow for such a change if no financial circumstances have changed? Thanks.
In order to modify an alimony order, the person wanting the modification must file a motion to modify and must show a substantial change in circumstances has occurred since the entry of the current alimony order.
In your case, if there has been no change in the financial circumstances since the current alimony order was entered, then the paying party seeking to modify alimony will likely be unsuccessful.
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.
Thank you. He is saying the separation agreement is a simple contract, not a court order, so he would not be in contempt of court if he does not follow the agreement. If he chooses not to pay me he says my only option is to sue him. Can you elaborate on what my steps might be if he does not pay me? Or what the consequences to him will be? Thanks.
Since your alimony provisions are in a separation agreement and not a court order, if he does not pay according to the terms, then you would be able to file a breach of contract lawsuit against him. The consequences of him not paying are that he will face a breach of contract lawsuit from you, as well as paying attorney’s fees you accrue for having to enforce the separation agreement, to the extent that your separation agreement allows this.
Read through your separation agreement as sometimes they will say that alimony is non-modifiable and other times it will say that alimony can only be amended by agreement of both parties.
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.
I think it nice advice it’s helpfull!