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Sorting through a separation agreement situation. I have an…

Customer Question
Hi - sorting through...

Hi - sorting through a separation agreement situation. I have an unincorporated separation agreement with my ex-wife and am anticipating a reduced ability to pay in the coming months. Trying to determine what exposure I have if, after an expected suit for breach of contract and possible order of specific performance, I am still unable to pay the current amount of alimony, what might happen?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No papers yet. This is not a court judgement, but a private separation agreement not attached to the divorce decree

Lawyer's Assistant: Family law varies by state. What state are you in?

I am current on payments, so I assume first remedy is to ask her to consider a lesser payment - I've done that, she's not appearing willing to accept that. North Carolina

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

NC Constitution forbids imprisonment for debt. Other questions would be whether a civil judge could order liquidation of retirement account or sale of property I purchased and own as 'tenents in the entirety' with my new wife in order to compel payment

Submitted: 2 months ago.Category: Family Law
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Answered in 5 minutes by:
3/29/2018
Family Lawyer: Infolawyer, Lawyer replied 2 months ago
Infolawyer
Infolawyer, Lawyer
Category: Family Law
Satisfied Customers: 62,243
Experience: Experienced lawyer
Verified
A lawyer letter from a local lawyer can be effective in several ways. It can avoid costly litigation and help bring about a settlement. It also helps organize the claim and if it goes to court shows the judge you tried in good faith to resolve it!By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Then can ask court to modify on motion.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 2 months ago
If I reduce payments on my own based on what amount I can pay, does that help in any way?
Family Lawyer: Infolawyer, Lawyer replied 2 months ago
Preferably on consent or court order. Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Family Lawyer: Infolawyer, Lawyer replied 2 months ago
Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
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Family Lawyer: Infolawyer, Lawyer replied 2 months ago
Awaiting your reply, thank you!
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