A separation agreement can make life after a marriage feel a little more predictable. Knowing how much support is there – and when it will end – gives each spouse something to plan around. But what if they later disagree about what they signed? Continue reading →
Has your income changed since your divorce case began? Many parents involved in an alimony case may see a new job or pay cut occur after a case begins and worry that a judge will simply pull from the number that looks worst from an old tax document. Continue reading →
The 2024 Sunshine v. Sunshine decision of the North Carolina Court of Appeals clarified how courts should handle income imputation in divorce cases. Continue reading →
In this post, we will discuss Icenhour v. Icenhour and how the North Carolina Court of Appeals confirmed a critical principle for all North Carolina alimony modification cases.
We will explain why a change in income alone might not be sufficient to justify modifying the existing alimony amount, and that the party requesting the change bears the strict evidentiary burden to support their position if they want the court to rule in their favor.
North Carolina law allows modification of alimony orders based on changed circumstances of either party, paying or receiving alimony. The same factors used for establishing alimony awards must also be used when determining whether to modify an award. These factors include marital misconduct, the relative earnings and earning capacities of each party, their health, their sources of income, the assets and liabilities of each party, and their relative needs. Continue reading →
Historically, the husband was considered to be the breadwinner of the household. Even when women began working outside the home, husbands typically earned more money. Since alimony is largely based on the income and earning capacity of spouses, the most common arrangement was for men to pay support to their ex-wives. Not only was this typical of the time, but some states also had alimony laws that only applied to men. Continue reading →
In the case of Hopkins v. AT&T Global Information Solutions Co., the U.S. District Court ruled on cross-motions for summary judgment. The main issue in this matter was regarding the award of surviving spouse benefits to a former spouse rather than a current spouse. Continue reading →
The income of each spouse is the most significant factor when calculating alimony obligations, but there are many factors that can complicate spousal support figures. Continue reading →
Equitable distribution in divorce proceedings sometimes includes provisions that one spouse shall keep property in exchange for a lump sum payment to the other spouse. The payor spouse may want to deduct these payments from their taxes, especially when they total large amounts. While alimony payments are generally tax-deductible, not all payments made from one ex-spouse to another are considered alimony for tax purposes. Continue reading →
Tax season for the 2024 tax year will come to a close for most people in the next month. Filers who make regular support payments to ex-spouses or children may wonder whether these payments are deductible on their federal taxes. Alimony is typically deductible while child support is not, but the process can be complicated, as the case of Rojas v. Commissioner shows. Continue reading →
North Carolina Divorce Lawyers Blog