Morehead City Spousal Support Attorneys
North Carolina firm assists divorcing clients with alimony matters
Carolina Law Group, headed by Tommy Kellis, is a Morehead City law firm that represents divorcing spouses in Carteret County and the surrounding areas. When marriages end, a key issue often concerns whether a higher earning spouse will be required to make payments to help their former partner remain financially solvent. Our firm provides comprehensive counsel on a full range of North Carolina spousal support matters.
What are the two types of alimony in North Carolina?
Under North Carolina law, there are two types of alimony awarded so that dependent spouses can meet their needs during and after a divorce:
- Post-separation support — A wife or husband who relies on their spouse for income could face severe financial hardship once the parties have separated. To address this, North Carolina permits parties to obtain support payments while the divorce case is pending.
- Post-divorce support — Once the marriage has been legally dissolved, an alimony order can be put in place for a set amount of time or indefinitely. The duration of spousal support may be based on the age of the parties, the length of the marriage and/or how long it should take for the recipient to acquire or regain their job skills.
Whether you’re requesting alimony or being asked to pay it, our experienced family law attorneys will strive to achieve the best outcome possible for you.
What factors are considered by the court in alimony determinations?
Judges may review any relevant information when considering an alimony order, but most of the key factors are listed with the North Carolina General Statutes. These factors include the income and earning ability of both spouses and the standard of living enjoyed by the couple while they were married. It is also important to remember that marital misconduct can be taken into account during the spousal support decision process.
How does a spouse qualify for post-separation support?
Divorce cases, particularly those that are resolved at trial, can drag on for months and sometimes more than a year. A wife or husband who relies on their spouse for income could face severe financial hardship once the parties have separated. To address this, North Carolina permits parties to obtain support payments while the divorce case is pending. Courts look at many of the same factors in post-separation support decisions as they do when determining post-dissolution alimony terms.
How are alimony orders enforced?
Alimony recipients depend on the maintenance they receive. When payments are late or missed altogether, it can create serious problems. If your ex is not complying with a spousal support order, you should take prompt action. In some cases, effective communication from your lawyer will be sufficient, but when the violations persist, our firm can file a motion for contempt aimed at collecting the full amount owed.
How are alimony orders modified?
A substantial change in circumstances that affects the fairness of an existing post-separation or post-divorce alimony order might justify a modification. When one of the spouses experiences a significant financial change or when a recipient moves in with a new romantic partner, the judge could approve a modification petition.
Can alimony payments be deducted from taxable income?
A tax law revision that went into effect at the start of 2019 changed how alimony is treated by the IRS. In divorces from that date forward, ex-spouses providing alimony can no longer deduct those payments from their taxable income. The law also states that the party receiving spousal support cannot report those payments as income.
Contact a Morehead City lawyer for advice on your alimony issue
The Carolina Law Group in Morehead City represents North Carolina residents in alimony negotiations and other aspects of divorce proceedings. For a consultation, please call 252-636-3737 or contact us online.
