Income Changes Alone Don’t Justify Alimony Modification

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.

Icenhour v. Icenhour – Case Background and Procedural History

The parties in the Icenhour v. Icenhour case divorced, after which they entered into a consent judgment which obliged the husband to pay monthly alimony – nothing unusual there.

However, as the years passed, the husband repeatedly requested a modification of alimony due to a significant decline in his income and increased expenses.

But the trial court denied the husband’s requests, even finding him in civil contempt for nonpayment of alimony.

An appeal followed, resulting in a remand due to additional findings, but the trial court stood by its position in a new trial, again denying the alimony modification.

Again, the husband appealed, challenging the trial court’s position on his income and expenses, as well as the court’s civil contempt order.

The Legal Standard for Modifying Alimony in North Carolina

Requesting to modify alimony is nothing unusual and is regulated under the N.C. Gen. Stat. § 50-16.9. But for the request to be allowed, the party seeking modification has to prove a substantial change in circumstances that occurred after the entry of the prior order.

For the courts to allow any modification, they first need to compare the financial circumstances of both parties and determine whether and how they changed after the initial alimony was awarded. In other words, the court again considers all relevant factors and doesn’t focus solely on a single element that might have changed in the meantime.

Furthermore, the North Carolina Court of Appeals emphasized that a change in income alone might not satisfy the standard for significantly changed circumstances if other factors are absent. The court needs to evaluate the total financial picture, including earning capacity, expenses, and how they affect the party’s ability to pay the alimony.

Why the Court Rejected the Income Change Argument in Icenhour v. Icenhour

In Icenhour v. Icenhour, the husband’s income fluctuated modestly over several years, remaining relatively stable overall. The court held that minor income fluctuations are common and are anticipated when the trial courts award alimony.

Furthermore, the court found that the husband did not present credible evidence to support his claim that his expenses increased significantly after he was required to begin paying the initial alimony because the burden of proof rests on the moving party requesting the alimony modification. The lack of detailed financial evidence supporting the husband’s request resulted in a rejected alimony modification request.

Voluntary Job Changes, Imputed Income, and Contempt

The court has also considered another key factor: the husband had voluntarily left a higher-paying job without a factual justification. This fact alone was considered a voluntary reduction of income, allowing the court to impute income in North Carolina, based on the husband’s earning capacity.

Furthermore, the court found that the husband could pay alimony but willfully failed to do so and imposed a civil contempt order.

Even though the case was remanded to correct a clerical calculation error, the North Caroline Court of Appeals affirmed the trial court’s rulings on all substantive matters.

Key Takeaways from Icenhour v. Icenhour

The Icenhour v. Icenhour is another clear example that North Carolina family law courts demand clear and credible financial evidence when considering modifying alimony after divorce.

Voluntary employment decisions and insignificant income/expense changes are not sufficient and may even lead to imputation rather than granting a modification request. Furthermore, the courts may even enforce alimony obligations through contempt when alimony nonpayment is willful.

If you are considering seeking an alimony modification or facing enforcement or contempt proceedings, it is critical to speak with an experienced North Carolina family law attorney before taking action.

Contact Woodruff Family Law Group today to schedule a consultation and get clear, strategic advice tailored to your specific circumstances.