Agreeing to terms on spousal support can be difficult for many divorcing couples, and sometimes these disputes need to be resolved in court. Carolina Law Group, headed by Tommy Kellis, is a New Bern law firm that provides comprehensive advice and advocacy to North Carolina clients on alimony issues and other aspects of the North Carolina divorce process. Whether you’re seeking payment from your ex or are being asked to send spousal support, you can rely on us to protect your interests during settlement negotiations, mediation and, if necessary, at trial. We serve clients throughout Craven County and other nearby areas.
Parties who depended on their spouse’s income to meet their financial needs can seek one of the following two types of alimony under North Carolina law:
After examining your situation, our experienced family law attorneys can give you an informed assessment of how a judge might rule in your case.
Though judges can use any pertinent information when deciding on alimony terms, most of the key factors are named in the North Carolina General Statutes. The income and earning ability of both spouses and the couple’s standard of living are often the most important considerations in the decision. Marital misconduct can also be taken into account during the spousal support decision process.
A spouse who is facing financial hardship can seek alimony starting from the date of separation. This can be necessary as many divorces can drag on for a year or more. The factors used in post-separation spousal support matters are similar to the ones used in post-divorce alimony proceedings.
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.
Either party can request a modification of a post-separation or post-divorce spousal support order. The party seeking an adjustment must show that a substantial change in circumstances has occurred that affects the fairness of the existing order. This might occur when a paying spouse loses their job or a recipient moves in with a new partner.
A change to the tax law enacted in 2019 affects how spousal support payments are reported. Now, when a couple gets divorced and alimony is awarded, the paying party cannot deduct their alimony payment from their income. Consequently, the recipient no longer has to report their spousal support as income.
The Carolina Law Group in New Bern, headed by Tommy Kellis, 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.