Can you help me understand N.C.G.S 50.16.1A 3(e)? Per Oxford: An obligor is a person or entity who is legally or contractually obliged to provide a benefit or payment to another. But per the statute “Payor is a payor…of disposable income to an obligor” (the person who provides payment to another).
So, an obligor provides payment AND a payor provides payment? Can you help me define Payor in laymen’s terms here and how “disposable income” factors into this definition in regards to Divorce and Alimony?
For family law purposes, payor and obligor would be the same thing. It would be better practice to use the term “payor” instead. Or even, “the paying spouse” or in terms of alimony, “the supporting spouse.”
The disposable income of a person required to pay alimony is highly subjective. The best way to determine one spouse’s need for alimony and one spouse’s ability to pay alimony is for both parties to complete financial affidavits which is a list of each party’s income and all of their monthly expenses, or annual expenses broken into monthly amounts.
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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Re: Payor - that’s my point. What does it mean to be a “payor to a payor (obligor)”? Essentially the statute reads “A payor is a payor of disposable income to a payor”. That makes no sense to me. Can you give me a real world example?
Where do you see that language in the statutes? I can clarify and provide context and examples.
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.
The original Statute mentioned above. N.C.G.S 50.16.1A 3(e) “Payor” means any payor, including any federal, State, or local governmental unit, of disposable income to an obligor.
That definition is listed in regards to alimony and postseparation support (PSS). The payor is the spouse that is ordered to pay alimony or PSS, who is also the supporting spouse. The payor, the person paying, owes money (PSS, alimony) to the recipient spouse, or the dependent spouse.
It’s probably best to use the terms “paying party” or “supporting spouse” rather than “payor” or “obligor,” etc.
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.
Okay. I think the term obligor threw me off because it can mean “payor”. But I think here obligor refers to a “person who is bound to another by contract or other legal procedure” and thus the defendant spouse? Sorry for the further clarification but it’s crucial in my case. Is my thinking now correct?
Yes, that is one possible and correct definition of “obligor.”
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.