Spouses new mortgage payment exceeds her stated income


#1

Still not divorced and no ED agreement after several years of seperation.

Dependent spouse has since bought a house and has a mortgage payment(and taxes and insurance) that far exceed her stated monthly income which is social security.

Will court take this in to account in determining her alimony needs? She obviously either receives income/money not being disclosed or has someone else paying it for her (maybe co-habitation)??


#2

That is what you can find out through a discovery request. She would have to give you bank statements and check stubs. I would for SURE investigate the possiblity of cohabitation as that would bar her claim for alimony. Has divorce been filed yet? ED?


#3

There is an upcoming hearing in June regarding ED and Alimony. Thanks for your reply!


#4

Certainly yes. You can obtain all of her financial records to prove to the court she is either receiving income from some other source.


#5

Thank you Attorney Clarey.

Do I have to file a certain form to obtain her records, and do I have to get the court to approve my getting those financial records??

Thank you.


#6

You will need to file discovery, specifically a request for production of documents. Your request must include the case caption (party names, file number, court action information). You will need to state that the request is being made pursuant to Rule 34 of the North Carolina rules of civil procedure and list specifically the documents are requesting. The document should be sent to your ex, or her attorney and she will have 30 days to comply.