Cary Alimony Modification

Once everything has been resolved, both parties go their separate ways, agreeing to abide by the terms in their court order or separation agreement. But life has a funny way of throwing curveballs. When significant changes happen, one or both spouses might want or need to make some adjustments.

Modifying those agreements isn’t exactly a walk in the park—it’s more like navigating a legal maze. That’s why having an experienced attorney on your side is crucial. Informal agreements won’t hold up in Court. You’ve got to get everything in writing. If you’ve got a court order, you’ll need a new one reflecting the changes. And if it’s a written agreement, you’ll need a signed and notarized amendment. Trying to tackle all this without a lawyer can feel like trying to solve a Rubik’s Cube blindfolded!

If it’s becoming difficult or impossible to make your current alimony payments, it may be time to request a modification. Or if you find that you just can’t make ends meet no matter how hard you try, you might be able to get a modification to increase alimony. Triangle Smart Divorce has the knowledge and experience to guide you through this process.

Alimony Modification in North Carolina

Alimony, also known as spousal support, can be awarded during a divorce when a dependent spouse needs financial assistance. As we all know, life doesn’t always go as planned, and circumstances and situations can change after the initial alimony is agreed upon. In these instances, modifications to the terms of the alimony might be appropriate.

In North Carolina, either spouse can file a motion for modification of alimony when they can prove that there has been a substantial change in either the receiving or paying spouse’s situation.

Types of Spousal Support and Modification

Support for a spouse varies greatly from state to state. There are only two categories of spousal support in North Carolina: post-separation support and alimony. These both may be subject to modification if a substantial change in circumstances warrants adjustment.

  1. Post-separation support, also known as temporary alimony in some states, is for that in-between while you are separated but before alimony is decided. This support can be modified just like alimony, but most of the time it makes more sense to resolve alimony either by agreement or court order than to spend time and money modifying temporary support.
  2. Alimony, when paid as recurring payments, can be terminated based on events such as remarriage, cohabitation, death of either spouse, or a date certain.  Alimony can be modified if there have significant changes in financial circumstances and a modification would be equitable.

When Does Alimony Need Adjustment?

 Alimony modification may be appropriate if you have a substantial change in circumstances, which includes:

  • Involuntary job loss
  • Restructuring of income
  • Changes in the ability to work due to disability or health issues
  • Increase or decrease in child support, which affects your ability to pay alimony

One tip: Do not try to skirt the system to get your payment amount reduced. If you quit your job or get fired due to poor performance, your alimony amount probably won’t be changed. If you try to hide money, trust us, the Court will find it. Alimony modification is only for those who truly have a change in their life that needs to be reflected in the payments, not for people who just don’t like what they’re paying.

It’s important to note that while court-ordered alimony is modifiable, alimony set out in private agreements (such as a separation agreement or prenuptial agreement) is not modifiable unless the agreement contains a clause allowing modification or you and your ex agree to modify alimony. Working with an experienced alimony attorney during the initial agreement process can help protect you and prevent complications from popping up down the road. If you’re already past the initial agreement and you are having some of those complications arise, make sure to find an attorney that understands alimony modification and can help you negotiate for an amendment to the agreement. You want an agreement that will work for you, not just now, but for the foreseeable future.

Why You Need a Lawyer for Alimony Modification

Seeking alimony modification involves navigating complex legal procedures where you must demonstrate a substantial change in circumstances. An experienced attorney specializing in alimony modification can:

  • Gather evidence and build a compelling case for modification. A good family lawyer will know what is needed to prove a substantial change in circumstances.
  • Ensure compliance with legal requirements for modification. If you don’t follow the legal requirements and try to adjust alimony yourself, you could owe a considerable amount if a mistake was made.
  • Advocate for your interests in court proceedings. Having someone who can see the big picture to explain calmly and clearly to a judge why a modification is appropriate in this situation can make all the difference and save you time, money, and stress.

If you’re considering alimony modification in North Carolina, our attorneys at Triangle Smart Divorce are here to help. With our knowledge and experience in family law, we can provide personalized guidance tailored to your specific situation and ensure you do not make mistakes along the way. We want to help you get your alimony payments to a place that makes sense in your current financial situation and will lead to your best future.

Don’t face alimony modification alone. Contact us today to schedule a consultation and learn how we can help.


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