Motion to Modify CS and Alimony

North Carolina Divorce Law Divorce and Separation Answers
1

My ex-wife and I have been divorced since October of 2010.

At the time of divorce, she was not working, so for CS purposes, she was imputed at minimum wage. I was working two jobs.

She is now working and I have since lost my second job; as a result, there has been an approximately 30 percent change in financial circumstances.

Question 1) Less than 3 years since CS went into effect, but more than 15% change, can I go back and have CS adjusted?

My ex-wife also gets alimony. In our separation agreement, it states that if I lose my second job, which I depended on to pay her, we can go back to court and modify alimony.

Question 2) I’m assuming I can go back and ask for an adjustment? What will a judge base an adjustment on?

Question 3) Having lost the second income, I will be representing Pro Se, so there’s a level of intimidation with the whole process, so with that in mind, should I approach my wife directly and see if we can come to an agreement, or just file the appropriate paperwork and go to court for the alimony adjustment?

I would like to use the Online Divorce Coach path. Since I am already divorced, will this benefit me? Will I be able to get access to all of the forms needed to pursue a CS and alimony modification?

Thank you.

2

  1. Yes. You can still file to modify since you have a greater than 15% change. Make sure that this change is a change in the amount of support you would be required to pay now versus what you have been paying. The 3 years and 15% rule just gives a presumption to the court that a substantial change in circumstances has occurred which will warrant a modification.

  2. Yes. Since your agreement acknowledges that alimony would be in effect while you have the second job, and you no longer do, then you can file a motion to modify. The judge would base the new alimony amount off of both parties current income and expenses.

  3. Either. You can try to see if she will agree to you both entering into a consent order on this matter. If so, you don’t have to file any motions to modify.

The do-it-yourself service of this website will be beneficial to you. We have sample forms for you to reference there.