Stopping Spousal support

Good afternoon,
My wife sued me for support stating she was used to lifestyle on my disability check, the day in court her attorney spoke first stating, he makes a lot of money , attorneys approached bench spoke and the hearing was stopped , my attorney stated briefs to judge would be used, ( how did I lose the ability to speak) I was assured everything would be fine she had cash assets on hand of $20,000 and owned a $180,000 property with her mother , the day came and I am to pay $1,500 a month which is mathematically impossible , I live out of state now with my 13 year old son from another relationship, she as also refused a court order to return my premarital assets, can I put all of this in 1 single motion to take her back to court

Yes, you can include motions to modify alimony and a contempt motion (called a motion for an order to appear and show cause) into one document.

An alimony court order can only be modified by showing a substantial change in circumstances has occurred since the entry of the alimony order. Check out our article Can Alimony be Modified or Vacated? for more detailed information.

If you have a valid court order that states your wife was to return certain assets or property to you and she has not, per the terms of the order, then she would be in contempt of court. Filing a contempt motion can help you get the things that are supposed to be in your possession.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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