My divorce was finalized Oct 2007. Our legal seperation agreement was effective July 2006 and the courts ordered, adjudged, and decreed that the seperation agreement be incorporated into the judgement of divorce with all terms of the agreement to be complied with. In the decree it stated my husband was suppose to pay $900 monthly for spousal support beginning July 2006, which was a part of our legal seperation agreement effective July 31, 2006. The statement read as; 9. Spousal Support: It is agreed upon by both parties that the husband shall pay the wife an agreed upon amount for spousal support. The wife may seek spousal suppot in the future and he wife reserves the right to seek spousal support. The party paying the spousal support is the husband. a. The agreed upon amount for spousal support is $900.00 per month b. First payment of spousal support is due to the wife on July 1st 2006 and on the 1st of each month therafter. c. Spousal support shall be paid for an indefinite period of time or until a court order terminates the spousal support. d. Spousal support will terminate upon marriage, death of husband, or cohabitation. My Questions: 1) My ex-husband stated statement (d) was for him not me, which gave him grounds to not pay me; I thought it was if I got married, or my husband died or I lived with someone else, which is fact and can I still enforce this because I never received any payment at all? 2) My ex-husband stated the statute of limitation prevents me from seeking back pay and it is too late because it was six years ago, is that tru?
Country relating to Question: United States
State (if USA): North Carolina
I now live in South Carolina, I have done nothing because I thought I had no grounds to stand on, until my ex-husband started asking for a copy of our divorce decree. Which makes me think he is trying to partion the courts to make a change without my knowledge.
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please understand the following important points: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.1) My ex-husband stated statement (d) was for him not me, which gave him grounds to not pay me; I thought it was if I got married, or my husband died or I lived with someone else, which is fact and can I still enforce this because I never received any payment at all? Actually, a modification (raising or lowering) the alimony can occur upon either party proving "changed circumstances" under G.S. 50-16.9. The change in circumstances must be substantial with a final decision based on a comparison of the facts existing at the original order and when the modification is sought. Britt v. Britt, 49 N.C.App. 463, 271 S.E.2d 921 (1980).Essentially, one attempting to raise it has to show more need (dire illness, unemployment, etc) and one attempting to lower/terminate it it has to show inability to pay or the paid party no longer needing it (payor's income dipped significantly, payor remarried, payee got a raise, payee remarried, etc).The language in the decree is general but you are reading "too much" into it as though it is specific; modification may be petitioned for upon a change of any circumstance.can I still enforce this because I never received any payment at all?Yes - you can file a motion for contempt against him. This motion carries admonishment, fines, fees in your bringing the motion, possible suspending of licenses, and/or imprisonment (upon brazen, malicious, and/or continuous contempt). Contempt is how you enforce a judgment. You can find the necessary pleadings on sites like uslegalforms.com, or use an attorney.2) My ex-husband stated the statute of limitation prevents me from seeking back pay and it is too late because it was six years ago, is that tru?Under § 50-16.7, no specific Statute of Limitations exists. While he can claim "laches" (an Affirmative Defense if you have waited 10-15 years), 5 years is not too late to enforce it.IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
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Ely, thank you so much. I understand and assistance given is appreciated. Statement (d) mentions the grounds in which the payment will discontinue under the decree, "marriage, husband death, or cohabitation" was that for me as the wife receiving or grounds for him as the husband or both parties.
Hello Sally,Statement (d) mentions the grounds in which the payment will discontinue under the decree, "marriage, husband death, or cohabitation" was that for me as the wife receiving or grounds for him as the husband or both parties.Marriage - for either of you (although the court is may be less willing to completely terminate alimony if he remarries; if you remarry, it likely will be)Death - either of you.Cohabitation - for you.
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