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Alimony in New Bern

New Bern Spousal Support Attorneys

North Carolina divorce lawyers represent clients in alimony negotiations and disputes

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.

The two forms of spousal support in North Carolina

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:

  • Post-separation support — Prior to the completion of a divorce, a wife or husband is able to request spousal support once the parties have separated. These arrangements can remain in place while the divorce is pending.
  • Post-divorce support — When a divorce is finalized, the order terminating the marriage can set forth alimony terms, but it does not have to be awarded. The order might call for payments lasting for a certain period of time or indefinitely. Factors used to determine the duration of spousal support include 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.

After examining your situation, our experienced family law attorneys can give you an informed assessment of how a judge might rule in your case.

Factors used by judges when deciding on alimony awards

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.

Post-separation support

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.

Enforcement of alimony orders

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.

Modification of alimony orders

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.

Tax reporting of spousal support payments

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.

Contact New Bern lawyer for advice on your alimony issue

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 252-672-2059 or contact us online.

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