Out of State Alimony adjustment


#1

Hi everyone, my name is James and I am new to this forum and North Carolina as of late September.

I will get to the point and ask my question first and if you feel the need to read the rest then it will follow.

Question: Can I, a current resident of NC, file for a motion to suspend or adjust my periodic alimony (no children involved) when all the previous court cases have been in AL? Does NC now have jurisdiction over this matter under “§ 50-16.9. Modification of order”? I am trying to have the alimony completely stopped bc I can not afford it at all because I am no longer employed.

I will try to give a concise timeline of events so as to expedite any responses or understanding of my situation.

1. Got married in AL in November 2005 (neither of us had any large property other than our vehicles)

2. Went to Iraq March 2006 as a firefighter (apx. $100k a year job)

3. Divorced in June 2008 and was stupid enough to agree to pay alimony at the rate of $1,900 a month for 24 months.

4. Property owned at time of divorce: 1. 2.6 acres of just land no house in NC, now foreclosed on; 2. House in AL sold Sep 08 and did not have any capital gains; 3. One car and one motorcycle less than $25K; 4. NO money at all bc of her; personal possessions…

5. Stopped paying alimony in Oct 2008 when I learned she had been cheating and blowing money for no reason, I know I was stupid and had my eyes closed. My wages started being garnished in Iraq in early December 2008 and I suffered an on the job injury later that month. When I returned home I had several court appearances ordered because of my contempt of court for not paying. I hired a lawyer who later put me on the stand for God knows what reason and I ended up going to jail for the contempt charge. My grandparents posted a very large cash bond to get me out the next day.

6. I started paying the $1,900 a month even though I had to sell everything I owned by the time I got another court appearance to adjust it down to $850 a month.

Please ask any questions and I will respond asap. Many thanks in advance for any responses and help.

Thank you,
James

EDIT I am most likely a candidate for bankruptcy if anyone has any advice or experience with alimony/bankruptcy cases.


#2

Since the current order for support is in another state, your motion to terminate needs to be filed there. Typically alimony is not dischargeable in bankruptcy.