usmcret0369
Junior Member
Permenent Alimony since 1991 (NC) Need Help!
What is the name of your state? North Carolina, Onslow County
I hope someone can give me some sound legal advice.
I have been paying Court Ordered Alimony since 1991 at $200.00 per month.
The Alimony was Ordered to be paid to the Recipient until "Death of the Recipient."
I also was ordered to pay Child Support at that time until the children met the Statute guidelines under the laws of NC. That order was vacated last year when the youngest of the two minor children graduated from High School.
I still however pay Alimony in accordance with the 1991 Divorce Decree.
Currently, I earn $1200 per month and my new spouse earns approx. $2500 per month. We are also home owners. I have no 401K or Savings as it was depleted over the years in order to pay the Child Support.
My former spouse has a late model car, no minor children residing with her, earns approx. $15,000 per year and last year purchased a home valued at $70,000. My Son told me she used $10,000 from her 401K to pay the down payment on her home. She has not remarried and although I have heard she has a male friend I do not know if she is co-habitating, although I do know that cohabitation would be grounds to cease the Alimony payments.
I might add I was represented by Counsel at the time of the Divorce. He is now retired.
My former Spouse has been represented "Pro Bono" by her Counsel since the beginning of this action in 1991. The only time I have been represented by Counsel was at the Divorce hearing. Since that time I have represented myself "Pro Se" winning soime and losing some.
I might add her Attorney has always argued she is "Indigent" and I feel as though he may have knowledge of the home she purchased as he is also a practicioner of Real Estate Law, although I do know that he was not the Attorney of Record for the Closing. I do not feel I can afford a good Attorney in this matter. I do not claim to be an "Angel" as we have been in the Courts several times over "Show Cause" issues involving support issues, but those obligations have now been vacated, leaving me with only the Alimony issue to contend with.
There was no evidence of abuse during the Divorce hearing nor was that subject even breached.
My Attorney informed me at the time of the Divorce to simply agree to what her Attorney requested if I wanted my Divorce and my "Peace."
I complied.
My questions are :
What recourse do I have to end this matter of Alimony?
What are my chances of success?
How do I go about requesting the Order be vacated?
What evidence should I present?
Where can I find statistics of NC Alimony (i.e.) the number of those paying permenent Alimony and the income of those persons etc?
Any helpful Case Law would also be appreciated.
Any help would be greatly appreciated
What is the name of your state? North Carolina, Onslow County
I hope someone can give me some sound legal advice.
I have been paying Court Ordered Alimony since 1991 at $200.00 per month.
The Alimony was Ordered to be paid to the Recipient until "Death of the Recipient."
I also was ordered to pay Child Support at that time until the children met the Statute guidelines under the laws of NC. That order was vacated last year when the youngest of the two minor children graduated from High School.
I still however pay Alimony in accordance with the 1991 Divorce Decree.
Currently, I earn $1200 per month and my new spouse earns approx. $2500 per month. We are also home owners. I have no 401K or Savings as it was depleted over the years in order to pay the Child Support.
My former spouse has a late model car, no minor children residing with her, earns approx. $15,000 per year and last year purchased a home valued at $70,000. My Son told me she used $10,000 from her 401K to pay the down payment on her home. She has not remarried and although I have heard she has a male friend I do not know if she is co-habitating, although I do know that cohabitation would be grounds to cease the Alimony payments.
I might add I was represented by Counsel at the time of the Divorce. He is now retired.
My former Spouse has been represented "Pro Bono" by her Counsel since the beginning of this action in 1991. The only time I have been represented by Counsel was at the Divorce hearing. Since that time I have represented myself "Pro Se" winning soime and losing some.
I might add her Attorney has always argued she is "Indigent" and I feel as though he may have knowledge of the home she purchased as he is also a practicioner of Real Estate Law, although I do know that he was not the Attorney of Record for the Closing. I do not feel I can afford a good Attorney in this matter. I do not claim to be an "Angel" as we have been in the Courts several times over "Show Cause" issues involving support issues, but those obligations have now been vacated, leaving me with only the Alimony issue to contend with.
There was no evidence of abuse during the Divorce hearing nor was that subject even breached.
My Attorney informed me at the time of the Divorce to simply agree to what her Attorney requested if I wanted my Divorce and my "Peace."
I complied.
My questions are :
What recourse do I have to end this matter of Alimony?
What are my chances of success?
How do I go about requesting the Order be vacated?
What evidence should I present?
Where can I find statistics of NC Alimony (i.e.) the number of those paying permenent Alimony and the income of those persons etc?
Any helpful Case Law would also be appreciated.
Any help would be greatly appreciated
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