Paying For Child Support And Alimony In North Carolina

State:
Multi-State
Control #:
US-00004BG-I
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Word; 
PDF; 
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Description

The Affidavit of Defendant form is used in North Carolina for individuals dealing with child support and alimony responsibilities, particularly when circumstances necessitate adjustments in payments. This document allows the defendant to formally state their compliance with previous alimony judgments while also demonstrating a change in financial situation that impacts their ability to continue payments. Key features include sections to provide personal information, details about the divorce judgment, and an explanation for diminished income. Filling out this form requires users to accurately describe their current financial state and past compliance with court orders. It’s crucial for users, such as attorneys, paralegals, and legal assistants, to be precise in detailing the financial hardships and ensuring all necessary documents, such as the Final Judgment of Divorce, are attached. This form serves as a vital tool in modifying existing support obligations in court, providing a clear path for defendants to request relief from their obligations when facing financial challenges.
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  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition
  • Preview Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree Because Of Obligor Spouse's Changed Financial Condition

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FAQ

Misconduct: Certain behaviors can also lead to the disqualification of alimony. For instance, if a spouse is found to have engaged in financial misconduct, such as hiding assets or failing to disclose financial information during the divorce proceedings, this can result in disqualification.

After a divorce, it's common for one spouse to make payments to the other as part of the divorce agreement. These payments can be alimony, child support or a mix of both.

North Carolina General Statutes § 50-16.9 states that alimony terminates upon the death of either former spouse, upon the remarriage of the dependent spouse, or the cohabitation of the dependent spouse.

Child support is never deductible and isn't considered income. Additionally, if a divorce or separation instrument provides for alimony and child support, and the payer spouse pays less than the total required, the payments apply to child support first. Only the remaining amount is considered alimony.

Adultery. Abandonment. Reckless spending, such as gambling assets. Physical, emotional, or verbal abuse.

To qualify for alimony in North Carolina, a spouse must: Be a dependent spouse, with an income disparity, and dependent on the other spouse for maintenance and support. Not have committed infidelity during the marriage. Prove that an award of alimony is equitable under the factors considered by the court.

Adultery. Abandonment. Reckless spending, such as gambling assets. Physical, emotional, or verbal abuse.

To qualify for alimony in North Carolina, a spouse must: Be a dependent spouse, with an income disparity, and dependent on the other spouse for maintenance and support. Not have committed infidelity during the marriage. Prove that an award of alimony is equitable under the factors considered by the court.

California Alimony California determines alimony based on the recipient's “marital standard of living,” which aims to allow the spouse to continue living in a similar manner as during the marriage.

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Paying For Child Support And Alimony In North Carolina