Equitable distribution in divorce proceedings sometimes includes provisions that one spouse shall keep property in exchange for a lump sum payment to the other spouse. The payor spouse may want to deduct these payments from their taxes, especially when they total large amounts. While alimony payments are generally tax-deductible, not…
Tax season for the 2024 tax year will come to a close for most people in the next month. Filers who make regular support payments to ex-spouses or children may wonder whether these payments are deductible on their federal taxes. Alimony is typically deductible while child support is not, but…
There are multiple requirements you should be aware of if you plan to appeal an alimony order in North Carolina, and the deadline for noting your appeal is among the most important. You have only 30 days to file your notice of appeal. Missing this deadline could result in the…
When courts in North Carolina determine that one spouse is a dependent spouse and the other is a supporting spouse, alimony is often awarded to the dependent spouse. Alimony is intended to allow the financially dependent spouse the means to maintain the standard of living they became accustomed to during…
When requesting a modification to spousal support, the requesting party must show that there has been a substantial change in circumstances to warrant an adjustment. A spouse paying support may believe that a decrease in their income is sufficient to establish a change in circumstances, but do North Carolina courts…
North Carolina General Statutes outline several factors that courts should consider when determining if alimony is appropriate in a divorce case and how much support should be awarded. Income, length of the marriage, the health of the spouses, the expenses of the dependent spouse, and various other elements are used…
North Carolina courts consider certain acts of marital misconduct when ruling on issues like spousal support and alimony. If a dependent spouse is found to have engaged in illicit sexual behavior during the marriage, the court may not award alimony. There are exceptions to this, such as if the other…
Spousal support can be awarded in North Carolina divorces if the court determines that such payments are necessary for the maintenance of a lesser-earning or dependent spouse. The terms of support vary from case to case, but the court may award payments for a set or indefinite period of time.…
When awarding spousal support in North Carolina, courts must look at various factors to determine not just if support is appropriate but also how much to award and for how long. State law includes the following factors for courts to consider: Marital misconduct Earnings and earning capacity of each spouse…
When one spouse in a divorce makes considerably more money than the other spouse, alimony (or spousal support) may be awarded to the spouse who earns less. This spousal support will vary in amount depending on the finances and assets of the husbands and wives, and it can come with…