Modifying Alimony & CS


#1

Typically, if the income changes at least 15%, then modification is considered. I do not know where this percentage is written, but it seems to be the “standard” on this board. I feel for your situation and have a similar one except I must work full time. Apparently, the alimony and child support is not enough to meet your “needs”. That happens all too often to women who were stay at home moms during the marriage and some on here believe the moms who stayed at home were on vacation! I wish you all the best!


#2

I am assuming that your divorce agreement is actually a Consent Order. If so your ex can file a motion to modify support in the event that your part time job will substantially change the circumstances. The statutes give a base-line for what will be considered a substantial change in circumstances which a 15% change income, and the passage of 3 years.

If your divorce agreement is a Separation Agreement the alimony is non-modifiable and cannot be changed regardless of circumstance.

When child support is outlined in a contract your ex can seek an initial determination of child support without the need to demonstrate a substantial change in circumstances.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.COM

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.


#3

Divorce agreement has set amount of child support and alimony. Mother has primary custody of small children and mother has been unemployed during marriage, but to make ends meet will be taking a part time job. Can the “X” file a motion for modification of alimony and/or CS based on mothers part time income?

Thanks