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North Carolina Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

Category:
Family Law - Divorce - Decrees
State:
Multi-State
Control #:
US-01899BG
Format:
Word; 
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Description

A decree for alimony is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a motion to modify an order for alimony on the same set of facts that existed when the original order was made.


To justify a modification of an alimony order, a court must find that there has been a change in the material circumstances of the parties since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse
  • Preview Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse
  • Preview Motion By Petitioner Spouse to Increase Alimony Payments due to Changed Financial Circumstances of Respondent Spouse

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How to fill out Motion By Petitioner Spouse To Increase Alimony Payments Due To Changed Financial Circumstances Of Respondent Spouse?

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FAQ

A court order for payment of alimony that is entered by a North Carolina Court may be modified or vacated if a judge finds that a substantial change in circumstances has occurred since the entry of the original order.

The recipient of spousal support can petition for upward modification by showing significant change in circumstances such as loss of employment, disability or illness and any financial emergency.

The payor can petition for downward modification of spousal support if the recipient now has new employment with increased income or if the recipient is co-habiting with another individual. The onus is now on the recipient to prove that this 'changed circumstance' has not affected the need for spousal support.

North Carolina law doesn't provide a formula for calculating post-separation support or alimony. Instead, judges will use their best judgment, based on the facts of each particular case. However, there are certain factors judges must consider.

By statute, alimony terminates in North Carolina upon the death of either party. Alimony can be ordered by the Court (i.e., court order) or in a private contract between the parties (i.e., separation agreement).

A last point to consider is that while you cannot quit your job to avoid spousal support, there is no obligation to labor 80 hours per week to support your ex-spouse's lavish, unemployed lifestyle. The California Supreme Court in Marriage of Simpson (1992) 4 Cal.

Alimony in North Carolina does not have to be indefinite. The length of time that a supporting spouse is required to pay alimony usually depends on the factors that determine alimony eligibility. In most cases, the court will award alimony for the duration of half the length of the marriage.

In order to receive termination of alimony, you should obtain necessary evidence of life changes, such as your spouse remarrying, becoming deceased, or cohabitation. A judge may not grant termination in other changed circumstances.

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