If you are going through a divorce, alimony (also called spousal support) is one of the major issues that could impact your future. Whether you are seeking spousal support or anticipate having to pay it, the court’s decision is going to affect your finances for a significant amount of time. For this reason, it is crucial to find an experienced and determined divorce attorney who knows how to pursue a fair and reasonable alimony order. Carolina Law Group, led by Tommy Kellis, has a team of accomplished litigators ready to fight for the results you need. Additionally, if you have a post-divorce alimony conflict, we can help you resolve that situation on favorable terms.
If a dependent spouse requires support during the divorce process, the court can order post-separation spousal support. This temporary order terminates when the divorce is finalized. Types of alimony a North Carolina court might order include:
Our legal team examines your circumstances to evaluate the case for each type of support.
To determine the amount, duration and manner of alimony, the court must consider all relevant factors. The North Carolina statute mentions 16 key factors courts take into account, which include:
We ensure that the court is aware of all pertinent facts that could influence an award.
A court order for alimony has the weight of the law behind it. Anyone who willfully fails to pay support can be held in contempt of court and may be subject to enforcement tactics, such as wage garnishment, property liens and, in some cases, even jail time. If you find yourself unable to pay, you should immediately contact us to seek a modification of your alimony order.
Parties to an alimony order can request a modification from the court, either to increase or decrease the amount of payment, if there has been a “substantial change in circumstances.” This change could relate to the supporting spouse’s ability to pay or the recipient spouse’s needs. Common reasons to seek a modification include:
It is important for a payor who cannot keep up with obligations to make the request before falling behind in payments, because those amounts owed will remain enforceable until the court issues a new order.
The Carolina Law Group, led by Tommy Kellis, helps North Carolina clients resolve conflicts over alimony. Please call 252-636-3737 or contact us online to schedule a consultation at our New Bern or Morehead City location.