Running out of money


#1

The court may make adjustments to the support amount at the alimony trial, however, they do not generally make large changes in the support amount. If they found that you had enough money to pay the mortgage and spousal support at the PSS hearing there is a strong likelihood that the court will find you have the ability to continue to pay these things.

If your ex only worked part time during the marriage, and your children are young, the court may not impute more income to her than she is currently earning. Without reviewing all the facts of your case, it is hard to determine if the court will impute income to her.

The court will probably not order you to pay support using retirement assets, however, you may be required to divide the marital portion of your retirement equally.

The fact that you have a second party available to help contribute to your expenses may impact the courts determination of your ability to pay alimony.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 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.


#2

WOW! What county and who was your judge?


#3

our children are teenagers. I do not believe the court imputed income to her at our PSS trial. My exwife nows wishes to go back to school for a career change. Does this usually fly with the courts??


#4

It would depend on the basis for her career change. If the career change would increase her income earning potential then the court may allow it.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 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.


#5

It would actually lower her earnings considerably, as she is currently a highly trained specialist with 4 years post grad training. What she is after is a occupation which will allow her more flexibility as a single mom so I guess it will fly with the courts.


#6

If her career change will drastically decrease her income, the the court may very well impute income at her higher earning capacity.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 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.


#7

I am going into great debt and I guess it was my naiveness when I separated and divorced but I feel the courts are unfair to me. After separation, I bought a home to live with my girlfriend. I thought my wife (now ex wife) would move and we would sell the marital home but she decided she wants to stay in the marital home with our minor children. We still have a large mortgage on the marital home. In the PSS trial I was asked to continue to pay the mortgage (taxes and insurance) on the marital home along with spousal support and child support. I am going into large debt.

we are divorced and i remarried. I am going into deep debt trying to pay for everything (my new home has a large mortgage) Our ED trial is coming up soon. My questions are:

  1. Is is likely I will have to continue to pay for the marital home. My ex wife’s salary is not enough to pay for it and our only other assets are retirement accounts. I do not want to see my children move, but my ex only works parttime and says she will continue to work only parttime as that is what she did throughout the marriage.

2)Could the court make me use my retirement account or sell my house in order for her and the children to live in the marital home. We did have a long term marriage. Otherwise where will the money come from? I am thinking about bankrupcy.

  1. will the courts be unsympathetic to me and see that my new wife works fulltime and can help with my expenses now.