Can I stop my alimony payments to my ex-wife if I have both of our children and she does not pay child support?

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Can I stop my alimony payments to my ex-wife if I have both of our children and she does not pay child support?

I currently pay my ex-wife of 12 years $700 per month as per the divorce agreement. I will do so for the next 3 years or until she finds a job paying $40,000 or more whichever comes first. This payment is regardless of a new marriage on her part. I have both of our children and she does not pay child support.

Asked on April 16, 2012 under Family Law, North Carolina

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 10 years ago | Contributor

Great question and already a great answer by my colleague. 

Keep in mind that any order which is currently in place can only be modified by the court. Process requires making an application/request/motion with the court. Unless the court modifies/changes the order, the order must be complied with or you can be held in contempt of the court. 

So, go ahead and file your request with the court, ask for accounting and retroactive adjustments and credits.

Maury Beaulier / Minnesota Lawyers.com

Answered 10 years ago | Contributor

Spousal support and child support are two separate things.  Whether or not spousal support may be modified depends on whether the award was made non-modifiable when set and whether there has been a substantial change of circumstance since the last order making the award unreasonable or unfair.  That would require a review of the facts both at the time spousal support was set and presently.

For a consultation call 612.240.8005. 


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