More on the alimony trial


#1

Child support will only be revisted if that issue is put before the court at the same time as alimony. The court will not modify it of its own accord.

Without having reviewed all of the financial information in your file, I cannot tell you what a fair amount would be for alimony. Generally, Judges do not award more in alimony than they did in PSS, but that will depend on the Judge.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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Raleigh, North Carolina 27607
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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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you for the response on the alimony trial question. DId you say that the child support could be readjusted also at the alimony trial? The child support and PSS hearing were separate but the judge handed down both decisions at the same time.

Husband and I were married 21 years and in the alimony trial (if it comes to that) we will bring up adultery (he confessed to it at the PSS trial), abandonment, excessive spending, and his alcoholism during the marriage which made life unbearable. If my PSS award was 3400/month, what would be a fair amount to ask for in a settlement for alimony. I think spouse wishes not to go back to court as he was ordered to pay atty fees on the last 2 trials and the alimony trial may bring up sensitive issues he might not want publicly aired. His NET income per month is around 17K. (child support is 4K and he also has to pay the mortgage, taxes and insurance on the marital home which comes to about 3K/month) My income is only 1K/month. He is already cohabitating so will the judge see that his living expenses are shared by another? We have 4 children (3 minor and one off to college this year) He wants to use “I’ll pay for college” as a bargaining chip but the children and I are prepared to apply for school loans and scholarships. I know alimony is taxable.