Can I stop voluntary spousal support?

[babydejour]

What is the name of your state (only U.S. law)? NC
I agreed to pay spousal support two years ago in our separation agreement(we used one attorney) when my income was three times as much as his. He refused to sign the papers unless I did and I was desperate to be rid of him. I was recently laid off and am working for a temp agency making significantly less(about $25,000 less a year). I am also paying child support and absolutely can not afford the spousal support anymore. Can I stop paying since it was voluntary and never court ordered? Or do I have to actually hire an attorney and go through the courts to have it stopped?

 

[Ohiogal]

What is the name of your state (only U.S. law)? NC
I agreed to pay spousal support two years ago in our separation agreement(we used one attorney) when my income was three times as much as his. He refused to sign the papers unless I did and I was desperate to be rid of him. I was recently laid off and am working for a temp agency making significantly less(about $25,000 less a year). I am also paying child support and absolutely can not afford the spousal support anymore. Can I stop paying since it was voluntary and never court ordered? Or do I have to actually hire an attorney and go through the courts to have it stopped?

Go through the courts. The separation agreement was almost guaranteed to have been made a court order. You also need to know if the spousal support is modifiable. What exactly does the order (without names) state regarding spousal support?

 

[babydejour]

It states that I have to pay him $xx.xx for five years.

 

[Ohiogal]

It states that I have to pay him $xx.xx for five years.

If it does not say it is modifiable, you have issues. You have to pay him xx.xx for five years. But I am going to assume it is xx.xx per month for five years ending on a date certain. Because what you have written cannot be the exact wording (unless the attorney really was horrible).

 

[Silverplum]

What is the name of your state (only U.S. law)? NC
I agreed to pay spousal support two years ago in our separation agreement(we used one attorney) when my income was three times as much as his. He refused to sign the papers unless I did and I was desperate to be rid of him. I was recently laid off and am working for a temp agency making significantly less(about $25,000 less a year). I am also paying child support and absolutely can not afford the spousal support anymore. Can I stop paying since it was voluntary and never court ordered? Or do I have to actually hire an attorney and go through the courts to have it stopped?

Was your separation agreement incorporated into your divorce decree?

 

[LdiJ]

Was your separation agreement incorporated into your divorce decree?

Since its NC, if my memory serves me correctly it almost would have had to have been. If I remember correctly NC requires a year's separation prior to divorce and usually the separation agreement automatically becomes part of the divorce decree.

 

[Bali Hai]

It states that I have to pay him $xx.xx for five years.

'It' is what you agreed to and signed. There are many people facing your predicament. Why should you be given clemency?

 

[babydejour]

Thank you for all the answers. I signed it at the time because I could afford to do so, unaware that I would be laid off due to "cut backs." I guess I'll be going to the courthouse to see if I can file on my own. Thanks again.

 

[Ohiogal]

Thank you for all the answers. I signed it at the time because I could afford to do so, unaware that I would be laid off due to "cut backs." I guess I'll be going to the courthouse to see if I can file on my own. Thanks again.

Does the order say it is modifiable? IF NOT, then it most likely is not modifiable and you would be wasting your money.

 

[Silverplum]

Yes, you can file on your own without an attorney. But that is not really the issue. OG's question is paramount: is the alimony modifiable? If not, you're up a creek. It doesn't matter if you hire an attorney, or file 103 pieces of paper.

 

[Bali Hai]

Thank you for all the answers. I signed it at the time because I could afford to do so, unaware that I would be laid off due to "cut backs." I guess I'll be going to the courthouse to see if I can file on my own. Thanks again.

When you sign to take on a mortgage you don't plan on getting laid off. That doesn't absolve your obligation to repay. With a mortgage it could be foreclosure. With alimony it could be jail.