Under North Carolina law, the obligation of a spouse to pay alimony, or a parent to pay child support, ceases upon the death of the obligor. Maintaining a life insurance policy in effect insuring the life of the supporting spouse or parent can provide a dependent spouse or custodial parent with valuable financial security in the event of the death of the supporting spouse or parent.
Depending on your reason for leaving your spouse, your spouse may have grounds to allege abandonment, which is sometimes referred to as desertion. In North Carolina, abandonment is considered an act of marital misconduct.
An issue that arises with some frequency in divorce cases involves allegations that a spouse has hidden or disposed of marital assets. Often, these are assets, such as jewelry, cash, or valuable coin collections, which neither party admits taking or having in their possession following the marital separation. Transferring or...
When Child Support Ends for One Child, How Is Child Support Determined for the Remaining Child or Children?
When a parent is paying court ordered child support to the other parent for two or more children, and the obligation to pay child support for one of the children terminates, unless the court’s order allocates the child support between the children, the supporting parent cannot legally unilaterally reduce or adjust the amount of his/her child support obligation.
A court order for payment of alimony that is entered by a North Carolina Court may be modified or vacated if a judge finds that a substantial change in circumstances has occurred since the entry of the original order. In general, the circumstances necessary to modify an alimony order must relate to a change in the financial needs of the dependent spouse (the spouse receiving alimony) or in the supporting spouse’s ability to pay.