Asked 8/24/2009
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Is alimony ever awarded in NC? My husband and I have be seperated for one year. He was paying $1000.00 per month and now that we are getting ready to sign the papers he wants to change it to $600.00 per month. Using the Child support calculator I figured that, $600 is the amount that the court would request but I am unable to maintain mine and the girls residence on that amount. I was trying to figure out if it would be worth fighting for alimony. |
Answer 1/1 - Submitted 8/24/2009
It will all depend on your property settlement
If you have been aried quite a while and you have children, yoou should ask for at least enough to pay the House payment in addition to the CS
Here are the NC statutes for Spousal support :North Carolina Statutes - Chapter 50 - Sections: 50-16
The court will determine the amount and the duration of the support after examining all the relevant economic factors, including:
(A) Any marital misconduct.
(B) The spouses earning capacities.
(C) The ages and the health conditions of the spouses;
(D) the income and assets of each spouse.
(E) The length of the marriage;
(F) The contribution by one spouse to the education, training, or increased earning power of the other spouse;
(G) The extent to which the earning power, expenses, or financial obligations of a spouse will be affected by reason of serving as the custodian of a minor child;
(H) The standard of living of the spouses established while married;
(I) The relative education of the spouses and the time necessary to acquire sufficient education or training to enable the spouse seeking alimony to find employment
(J) The debts of each spouse.
(K) The property brought to the marriage by either spouse;
(L) The contribution of a spouse as homemaker;
(M) The relative needs of the spouses;
(N) Any tax consequences;
(O) Any other factor relating to the economic circumstances of the parties that the court finds to be just and proper.
(P) The fact that income received by either party was previously considered by the court in determining the value of a marital or divisible asset in an equitable distribution of the parties’ marital or divisible property.
AS you indicated, this is about your girls, not your comfort or his.
Divorce is enough of a trauma, without having to move.
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