How Do I Modify Alimony?

Whether or not Alimony is Modifiable in North Carolina generally hinges on how the payment of Alimony was effectuated. If two parties agreed to an amount payable as Alimony through a Separation Agreement, it is non-modifiable and can only be changed pursuant to the terms of the executed Separation Agreement. However, if Alimony is payable through a Court Order or Consent Order, it is modifiable and may be changed by filing a Motion to Modify before the trial court.

Motions to Modify must allege a change in circumstances that relate to the needs of a party receiving Alimony or the ability of the payor to pay the amount awarded to the spouse receiving Alimony. There are a number of factors that may cause an Alimony award to be modified and case law has acknowledged many different circumstances to warrant a modification.

If you are currently paying Alimony and believe you should be paying less or are in need of increasing your Alimony payment, contact a North Carolina Alimony Attorney at the Law Offices of David P. Sheehan.