Transferring Money

North Carolina Divorce Law Divorce and Separation Answers
1

Hi - My ex has stopped paying the alimony as set forth in our court agreement. He has a substancial amount of money in savings and investments and makes a large salary at his job. He has gotten remarried since our divorce. He has tried several times to have the court set aside our agreement and has been denied each time (the last time was this past January and the judge dismissed his case). I know he is up to something since he is not paying the alimony after the judge ordered him to do so. I was wondering if since he has remarried, could he be switching all his investments and savings over to his wife and trying to make himself look unable to make the payments each month? I have been told that her salary, etc… are not considered in the court’s opinion. So, if he moved all his stuff to her, he could claim bankruptsy. His salary has more than doubled since our divorce (he makes more than $100,000.00 per year).

I am in the process of having his wages garnished. Generally how long does it take for this to begin once the courts have given approval?

Thanks!

2

The time it takes wage garnishment to begin varies. It really depends on if the employer is cooperative. If everything goes smoothly, wage garnishment should begin within about 2 months.

3

Can he transfer all his assets to his wife to avoid paying his alimony? Is her income considered when the courts make decisions?

4

Alimony is based on income and his ability to pay versus your need. Transferring assets to her name should not impact the court’s decision about his ability to pay you the alimony you are owed. Her income is not considered for alimony purposes.