Question about alimony


#1

NCMomof3,

If your mother and father signed a separation agreement, unless the agreement says otherwise, the alimony will stay the same. Unless the agreement provides for modifications based on some specific type of change, the only way to decrease the alimony is if the parties agree to the change in writing.

If they entered into a consent order (which is a court order that the parties agreed upon) then it can be modified by the court.

I’m assuming that you are receiving alimony and child support from your former husband. It is possible that your alimony may be affected, but only if he pursues a modification. It is unlikely that your child support will change. You should be able to use his unemployment checks as income for child support purposes.

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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

Hi,

Thanks for answering my question concerning my mother.

Unfortunately, I am not recieving CS now, as he is unemployed and we have only been seperated for about 6 weeks. I have yet to get a lawyer, however, after today, I feel it will be necessary. He has said he is going to pay only half the mortgage, which leaves me in a bind. I cannot make the difference with my PT job. He recieved 10 weeks of severence checks, which maintained the house, but now, that is over. He will file for unemployment this week, and agreed to give half to me, roughly $800. I am really at a loss as to what my next move is. I am just real scared to what is going to happen.

Thanks


#3

It definitely sounds like you need to talk to an attorney in your area. Best wishes to you!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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.


#4

My mother has been receiving $1300 a month from my dad in a post seperation agreement. With this, she pays the mortgage and the bills on the house they shared, she occupies it. There hasn’t been Division of Property yet or a divorce. Her concern is this, when they sell the house, there is a good chance she is going to move in with me. Once the mortgage is paid on their house, is my dad obligated still to pay her $1300, or can he decrease the payment? When the divorce is finalized, can he submit a change to the alimony amount on the post SA in the final divorce papers?

Also, will my mother living with me, (for about a year), affect my alimony/child support? (If he ever gets a job) And can I claim part of his unemployment checks for child support?

Thanks
NCMomof3