My soon-to-be ex and I went to court recently for spousal support. Conveniently, he “lost” his job prior the week before we went to court. Because of that, the judge said that he was unable to to pay me any money at this time, but didn’t “close” the case. My husband is now getting unemployment checks, which are in addition to his SS checks. He’s bringing in about $3500/month and I’m only bringing in $1250 after taxes. Can I take him back to court for spousal support since he is now collecting unemployment benefits? Can unemployment checks be garnished in NC? What would one do to prove he’s receiving unemployment benefits? I know he’s getting it because he told someone that he was. But I realize that we need proof. Thanks for your help.
You can either file a motion to modify post separation support or schedule the alimony trial in order to revisit spousal support. You can require him to provide all relevant documentation of income at the trial, or before the trial by sending a “discovery” request. You can also subpoena the information directly from the unemployment office, if necessary.