How to Calculate Alimony:
In North Carolina, there are no commonly accepted formulas that are used to calculate alimony. Similar to PSS, an alimony claim looks at the income (gross and net), the debts of the parties, and the monthly recurring expenses of each of the parties. The parties may enter a contract and agree to specific terms relating to alimony.
How to Modify Alimony:
If the parties have entered a contract regarding alimony, then the contract should state when the alimony can be modified.
If alimony was court ordered, alimony may be modified upon two factors. The first is, a substantial change in circumstances that are related to the ability of the supporting spouse’s ability to pay. The second is related to the needs of the dependent spouse. Upon the filing of a Motion, it is the burden of the moving party to show a substantial change in circumstances. It is best to consult with an experienced family law attorney to determine if the change in circumstance is “substantial” and whether a motion is appropriate.
The parties may enter a contract and agree to specific terms and circumstances relating to modification of alimony. A good draftsman would make certain that adequate modification provisions are contained in the contract.
How to Terminate Alimony:
If court ordered, Alimony can be terminated upon one of the following events:
- Death of paying spouse
- Death of recipient
- Remarriage of recipient
- Cohabitation of recipient
If alimony was part of a Separation Agreement, the parties may have specific terms and circumstances relating to termination of alimony. A review of the Separation Agreement would be necessary to determine your termination options. A Separation Agreement does not automatically incorporate the statutory termination provisions. A good draftsman would make certain that adequate termination provisions are contained in the contract.
What is PSS ( Post Separation Support) and when does it terminate?
PSS is Court ordered spousal support paid by the supporting spouse to the dependent spouse until the date specified in the order of post-separation support. PSS may be terminated if the parties resume marital relations, the dependent spouse remarries, the dependent spouse cohabits with another adult in a private heterosexual or homosexual relationship, the dependent spouse or supporting spouse dies, or an order awarding or denying alimony, whichever comes first.
What factors are considered by a judge to determine alimony payments?
A. In making a determination, the court may consider the following factors:
- The parties accustomed standard of living
- The parties present employment and other recurring income and/or earnings
- The parties ability to earn income
- The marital and separate debt service obligations
- The legal obligations to support other persons (including children)
- The expenses reasonably necessary to support each of the parties.
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