This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of the obligor spouse's changed financial condition. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Types Of Alimony In North Carolina
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North Carolina doesn't provide a formula for calculating postseparation support or alimony. Instead, judges use their best judgment after considering the circumstances in each particular case. But the specific considerations that will go into their decisions are different for postseparation support and alimony.
To receive alimony, you need to file a request with the court. The court will then determine which spouse is dependent and who is the supporting spouse. The court will base the amount of alimony on what it considers equitable, or fair, given the financial needs of each spouse.
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, a spouse must be dependent on the other, and there must be a significant income disparity. The spouse seeking alimony must present evidence, explaining how an award is equitable, considering all relevant factors.
The alimony calculator in North Carolina works by dividing the difference between the spouses' incomes by two. When calculating the amount of alimony, a judge will take your gross income and subtract your reasonable expenses to determine net income.
The most common type of spousal support is usually called rehabilitative alimony—because it's meant to "rehabilitate" dependent spouses by giving them financial support while they gain the education, training, or work experience needed to become self-supporting.