Hello, I have so many questions…not sure where to begin.
Ok, So I am getting married in October to a man that has been seperated/divorced for 5 years. He has 2 sons, one in which lives with us. Unfortunately, he lost his job almost a year ago and because of the economy has only been able to secure a $10 an hour job while searching for another job. His divorce was a no-fault divorce filed in NC and in which she hired a lawyer and wiped him out completely. Because he made a decent living in sales and she didn’t work, she receives $1,500.00 a month in child support and $1,200.00 in alimony to support her life style. Since loosing his job and we now fully support one child, he can only afford to pay her $300.00 a month for the other child. Please keep in mind that for 3 years, he paid the full amount for both alimony and child support. Question:
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If he is still making $10 dollars an hour and cannot afford the alimony or state child support, can the court come after my income (new wife)?
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We want to do a modification to the ridiculous divorce agreement. We live in SC. She lives in GA? Where do we file the modication?
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We really need a lawyer to fight for the other son because she is an alcoholic and child services was called on her by a neighbor. Case was closed becuase she begged her ex-husband to lie for her. He is such a good guy, he did so with the agreement that she would moved to SC to participate in a co-parenting environment. Once the case was closed, she moved to GA.
Thank you.
Your income is not taken into account for your spouses obligations.
The modification will likely have to be filed in Georgia as South Carolina will not have jurisdiction over the ex wife and it is now the home state of the minor child as well.
So even if the divorce was filed in NC and because the ex-wife lives in GA, I understand it that the modication will need to be filed in GA?
Also, the alimony that was set in the agreement was for 5 years based on his salary at the time. Call it what you will, stroke of luck, good fortune that he lucked up for several years while he was married and made a good income, strong enough to have her stay at home. When they met, he was barely making $20,000.00 a year in a restuarant. Because of his great personality he landed a software sales job that enabled him to grow and make aprox. $110,000.00 for a couple of years but now his luck has run out. Trust me, I am a recruiter and now his chances of making that type of money again…very slim.
Since they seperated/divorced and he has had to chase her from state to state to see his children, his career has suffered. He appears on a resume to be a job hopper, he doesn’t have a degree and now it’s impossible to find a decent job in this economy.
He has two years left to pay on the alimony which is $1,500.00 a month but we can’t afford it and might not ever be.
He has already pay her $54,000.00 in alimony, half his retirement, half assets.
She holds a BA degree and an estitician degree and has worked full time in the past 5 years and has proven she can survive on her on.
What are our chances for modification to only pay child support, based on the child support calculator and getting rid of the alimony.
Thank you.
Yes, the modification should be filed in GA as none of the parties live in NC at this point in time.
I cannot say what the chances are for a successful modification in any case, however Georgia will have to apply NC law, which requires a showing of a substantial change in circumstances to modify alimony. Your husband seems to have the exact set of facts need to prove such a change. If he has any ability to pay alimony after child support he will likely still be ordered to pay her something.