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If a party ordered to pay refuses to do so, the intended recipient may ask the court for an order holding the other party in contempt of court.North Carolina law provides various remedies for failure to pay alimony. One spouse or the other must have resided in North Carolina for at least six months and the parties must have been separated for at least one year with the separation intended to be permanent.A divorce based on one year’s separation is most frequently used.The only other ground for divorce in North Carolina is a spouse’s incurable insanity with a separation of three years. It is always wise to consult an attorney about a divorce, even though the divorce may appear to be simple and uncontested.What if my spouse does not abide by the terms of the separation agreement?A separation agreement can be enforced by a court order.The party requesting support must actually be dependant on the other spouse for support or substantially in need of such support.
If your spouse will agree to participate, you might consider employing a certified family law mediator to help you negotiate an agreement that both husband and wife would be willing to sign.If both parties committed adultery before the date of separation, alimony is at the discretion of the court.What if my spouse is ordered to pay alimony and does not abide by the court order?The amount of alimony depends on the income and estates of the husband and wife; each spouse’s reasonable needs; and the accustomed standard of living during the marriage.Does the court consider adultery when it makes a decision regarding alimony? At a hearing regarding alimony, the court shall consider marital misconduct by the parties in deciding whether to award support.
(For a printable version, click here.) We are having serious marital problems. When a husband and wife face serious marital problems, they often have difficult legal questions that must be answered. The couple should first try to resolve their differences with the help of a neutral third party such as a minister or a marriage counselor. Lawyers are bound by the Rules of Professional Conduct which prohibit representing both sides in an adversarial – or potentially adversarial – situation.