Can I stop my alimony payments to my ex-wife if I have both of our children and she does not pay child support?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I stop my alimony payments to my ex-wife if I have both of our children and she does not pay child support?
I currently pay my ex-wife of 12 years $700 per month as per the divorce agreement. I will do so for the next 3 years or until she finds a job paying $40,000 or more whichever comes first. This payment is regardless of a new marriage on her part. I have both of our children and she does not pay child support.
Asked on April 16, 2012 under Family Law, North Carolina
Answers:
Madan Ahluwalia / Ahluwalia Law P. C.
Answered 12 years ago | Contributor
Great question and already a great answer by my colleague.
Keep in mind that any order which is currently in place can only be modified by the court. Process requires making an application/request/motion with the court. Unless the court modifies/changes the order, the order must be complied with or you can be held in contempt of the court.
So, go ahead and file your request with the court, ask for accounting and retroactive adjustments and credits.
Maury Beaulier / Minnesota Lawyers.com
Answered 12 years ago | Contributor
Spousal support and child support are two separate things. Whether or not spousal support may be modified depends on whether the award was made non-modifiable when set and whether there has been a substantial change of circumstance since the last order making the award unreasonable or unfair. That would require a review of the facts both at the time spousal support was set and presently.
For a consultation call 612.240.8005.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.