If a judge has ordered you to take action within 30 days of their judgment, yet the order doesn’t reach your mailbox until a few days after the signing, do you get extra time to comply? Continue reading →
Can someone with millions of dollars in assets still need nearly $15,000 a month in alimony?
That’s exactly what the North Carolina Court of Appeals upheld in Allport v. Allport over the objections of the husband that his former wife had the wealth and education to support herself. Continue reading →
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 →
In many divorces, at some point the conversation shifts from what went wrong during the marriage to what each person can afford after it. Then the court may have to go through paychecks, monthly bills, unpaid support, and legal fees and turn all that into a dollar amount. Continue reading →
The NC Supreme Court’s Sneed v. Johnston decision changes how personal and enterprise goodwill are analyzed when valuing a professional practice in equitable distribution. 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 →
North Carolina Divorce Lawyers Blog