Take a look at the December 2014 issue of Huntersville Magazine featuring Adkins Law PLLC. Adkins Law PLLC is located in Huntersville, North Carolina and primarily serves Mecklenburg County and the Lake Norman area. If you need to speak with a divorce attorney, traffic attorney, or estate planning attorney, contact Adkins Law PLLC.
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Alimony is protected from discharge through bankruptcy. Divorce decrees and separation agreements are covered by 11 U.S.C. Section 523(a)(15). This section states that these debts are not dischargeable unless: (A) the debtor does not have the ability to pay such debt from income or property of the debtor not reasonably necessary to be expended for the maintenance or support of the debtor or a dependent of the debtor and, if the debtor is engaged in a business, for the payment of expenditures necessary for the continuation, preservation, and operation of such business; or (B) discharging such debt would result in a benefit to the debtor that outweighs the detrimental consequences to a spouse, former spouse, or child of the debtor. What does this mean? Fortunately for the dependent spouse, it means that alimony is not wiped out if the supporting spouse declares bankruptcy. Alimony is considered a priority, non-dischargeable debt, which a debtor cannot eliminate by filing for bankruptcy. Depending on what type of bankruptcy you file, however, may determine whether you are able to enter into a repayment plan for any back-owed alimony. In a Chapter 13 bankruptcy, you may repay your portion of back-owed alimony over a period of three to five years. The dependent spouse will still get the money they are owed, it just may be repaid over a longer period of time. This helps the supporting spouse by giving them a longer period of time to repay their debt so that they may avoid potential jail time. Occasionally, in separation agreements, the parties agree to label an obligation alimony so that the paying spouse may deduct the payments from his or her taxes. These types of payments are not really alimony and may potentially be discharged through bankruptcy. If you pay or receive alimony and believe that a potential bankruptcy may impact this, you may want to seek a consultation with a Huntersville alimony attorney. Adkins Law is located in Huntersville NC and primarily serves Mecklenburg County and the Lake Norman area. Contact Adkins Law to schedule a consultation with a Huntersville family law attorney. What constitutes marital misconduct in North Carolina and why does it matter? Several things may constitute marital misconduct in North Carolina, including illicit sexual behavior, abandonment, cruel or barbarous treatment, or excessive use of alcohol or drugs. This is important because marital misconduct may guarantee or bar alimony. In North Carolina, alimony may be awarded when there is a dependent / supporting relationship. This means that one spouse, the dependent spouse, relies upon the income of the supporting spouse to maintain his or her lifestyle. If the dependent spouse commits marital misconduct during the period of marriage, prior to separation, the dependent spouse is barred from alimony. On the other hand, if the supporting spouse commits marital misconduct during the period of marriage, prior to separation, the dependent spouse is guaranteed alimony. If you need to speak with a family lawyer in Huntersville NC concerning marital misconduct or alimony, contact Adkins Law. Adkins Law is located in Huntersville NC and primarily serves the Lake Norman area. North Carolina General Statute 50-16.1A defines marital misconduct. The relevant portion of the statute has been included below: N.C.G.S. § 50-16.1A "Marital misconduct" means any of the following acts that occur during the marriage and prior to or on the date of separation: a. Illicit sexual behavior. For the purpose of this section, illicit sexual behavior means acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14-27.1(4), voluntarily engaged in by a spouse with someone other than the other spouse; b. Involuntary separation of the spouses in consequence of a criminal act committed prior to the proceeding in which alimony is sought; c. Abandonment of the other spouse; d. Malicious turning out-of-doors of the other spouse; e. Cruel or barbarous treatment endangering the life of the other spouse; f. Indignities rendering the condition of the other spouse intolerable and life burdensome; g. Reckless spending of the income of either party, or the destruction, waste, diversion, or concealment of assets; h. Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and life burdensome; i. Willful failure to provide necessary subsistence according to one's means and condition so as to render the condition of the other spouse intolerable and life burdensome. Infidelity is one of the leading causes of divorce. In most cases, when a spouse cheats the damage has been done and the relationship cannot be healed. Before you consider divorce, however, especially if there are children involved, I highly recommend that you make an attempt at marriage counseling. Marriage counseling may or may not work, but at least you made an attempt at preserving the relationship. From a legal perspective, infidelity may have a big impact on a divorce. Primarily this comes into play when determining alimony. In North Carolina, alimony may be awarded when there is a dependent / supporting relationship. This basically means that one spouse is dependent on the other spouse’s income to maintain a certain standard of living. If there is a dependent / supporting relationship and the dependent spouse has cheated, the dependent spouse is barred from alimony. If, however, the supporting spouse has cheated, the dependent spouse is virtually guaranteed alimony. Infidelity also comes into play if an injured spouse is considering a heart balm action. In North Carolina, heart balm actions are designed to protect the sanctity of marriage and the family unit. An injured spouse may bring a lawsuit against the third party that either alienated their relationship with their spouse, or had sexual relations with their spouse. In other words, if a spouse cheats, the injured spouse may sue the person who had sex with the spouse. There are several limitations to these types of suits, however, including the fact that the actions must have occurred before the separation. If you believe your spouse has cheated on you and you are considering divorce or legal action, please contact Adkins Law to speak to a divorce attorney. Adkins Law is located in Huntersville and primarily serves Mecklenburg County and the Lake Norman area. Divorce can get messy, especially when money and children are involved. One popular divorce trick is hiding income. Hiding income may potentially lead to a reduction in child support and alimony. When a couple divorces, alimony may be granted if there is a supporting / dependent relationship. This basically means that one spouse makes a lot more money than the other spouse. If alimony is awarded, the award will be based on a number of factors, including the amount of money the supporting spouse makes. In order for the supporting spouse to reduce his or her alimony payments, they may purposely divert money from their paycheck somewhere else or purposely quit or change their employment status. If the supporting spouse can show that this was done for legitimate reasons, they may not be required to pay as much in child support or alimony. The dependent spouse has to prove that the supporting spouse is purposely hiding income in order to have a successful action. If you are considering divorce, schedule a consultation with a divorce attorney. A divorce attorney can help you review your situation, explain divorce law, and help you determine whether your spouse may be hiding income. If you would like to schedule a consultation with a divorce attorney in Lake Norman, please contact Adkins Law. Adkins Law is located in Huntersville and primarily serves Mecklenburg County and the Lake Norman area. Contact Adkins Law if you need to speak with an experienced Huntersville divorce attorney. Alimony is support awarded to a dependent spouse. When a married couple separates, a claim of alimony must be instituted before the divorce is finalized or it is lost. In order to file for alimony, there must be a dependent spouse and a supporting spouse. This means that one spouse, the supporting spouse, must provide economic support to the other spouse, the dependent spouse. The dependent spouse must be able to prove that he or she is truly dependent on the economic support of the supporting spouse. There can be a difference in income without such a relationship existing. If one spouse makes $55K per year, for example, and the other spouse makes $50K per year, a supporting / dependent relationship probably would not exist. If, on the other hand, one spouse makes $150K per year and the other spouse makes $35K per year, a supporting / dependent relationship would probably be found to exist. Even if a supporting / dependent relationship exists, infidelity during marriage may effect alimony. If, for example, the dependent spouse cheats on the supporting spouse during their marriage, she is barred from alimony. If the supporting spouse, however, cheats on the dependent spouse during their marriage, alimony should be automatically be granted. If you need legal advice for alimony in North Carolina, specifically in Mecklenburg County, please contact Adkins Law. Adkins Law is located in Huntersville NC, and primarily serves Huntersville, Cornelius, Davidson, Charlotte, and Mecklenburg County. Contact Adkins Law to speak with an alimony lawyer today. In North Carolina, alimony may be awarded to a dependent spouse pursuant to divorce. Once an order for alimony is entered, it may be modified or vacated at any time upon a showing of changed circumstances by either party. In North Carolina, the termination of alimony may be made if a dependent spouse remarries or engages in cohabitation. NCGS 50-16.9(b) states that “cohabitation means the act of two adults dwelling together continuously and habitually in a private heterosexual relationship, even if this relationship is not solemnized by marriage, or a private homosexual relationship.” The statute continues to state that “[c]ohabitation is evidenced by the voluntary mutual assumption of those marital rights, duties, and obligations which are usually manifested by married people, and which include, but are not necessarily dependent on, sexual relations.” What does this mean? It means that once an order for alimony has been entered in North Carolina, it may either (1) be modified upon a showing of a substantial change in circumstances, or (2) terminated upon the remarriage or cohabitation of the dependent spouse. Thus, if the dependent spouse begins living with another person, any alimony they receive may be terminated. If you would like to speak to an alimony lawyer about modifying or terminating alimony in Huntersville NC or the greater Charlotte area, please contact Adkins Law PLLC. Adkins Law is located in Huntersville NC and primarily serves Huntersville NC, Cornelius NC, Davidson NC, Denver NC, Charlotte NC, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area. Please contact Adkins Law today to speak with an alimony lawyer in Huntersville NC. |
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