Permanent alimony

North Carolina Divorce Law Divorce and Separation Answers
1

I am currently about to start ED and alimony. By court order I am paying PSS to my exwife. She is a dependent spouse and I make about twice her salary. When the PSS award was determined (and throughout the marriage) I was making four times her salary. It was a long term marriage (20 years)

After the PSS award was made my income lowered to what it is now and I went back to court to modify PSS. The judge denied it stating I lowered my income in bad faith.

The next year, I went back to court to modify child support as one child aged out and the judge used the worksheet and used my lowered salary ( so in that case I was not considered to have lowered my income in bad faith) I never quite understood but was thank ful so I did not ask questions. The PSS was unchanged

Questions

#1 Now it is time for ED and permanent alimony. I would really wish to settle out of court but my ex and I cannot settle on an amount. If I go to court is it possiblet the judge may again say I lowered in bad faith and use my higher past salary?

#2 Also, I am now remarried and my new spouse works. She doesnt make alot but makes some. When we look at my ability to pay alimony will my living expenses (mortgage, groceries, etc) be divided by two because I am remarried?

#3 Was I just lucky the judge used my lowered income in calculating the recent CS or was it becasue my exwife’s atty did not bring it up (we had the same judge) I ask because I have another child aging out soon and need to determine what the new CS will be.

2
  1. Possibly.
  2. Your expenses will not be divided in two necessarily, but it can and will be taken into account that you do not pay 100% of the household expenses in considering your ability to pay.
  3. I cannot say. It could have been luck, or the more likely reason being that the other side didn’t bring up the bad faith issue.