QUESTION

If my husband were laid off or on disability, would I still get withholding for spousal support?

Asked on Jun 03rd, 2013 on Divorce - North Carolina
More details to this question:
My husband’s spousal support checks just stopped without notice. I have called his office and never get a return call. If he is unemployed or on disability are they required to contact me to let me know why the checks have quit coming? And can I collect on his Unemployment of Workers Comp claims? If I have a court ordered judgment for withholding?
Report Abuse

1 ANSWER

Family Law Attorney serving Durham, NC at Morelos Law Firm
Update Your Profile
If you have an actual court order and it has not yet been officially modified or overturned, your husband is in violation of the order by not paying, subject to contempt of court. But it is also true that such an order can be modified based on a substantial change of circumstances (which being unemployed or on disability would be good grounds) to either get the payments reduced or temporarily suspended. But it is not automatic and he would have had to file an actual motion, serve it on you, calendar it with the court and send you a notice of the hearing, and win the hearing. If none of that has happened, and he/his office is obviously not being cooperative, you should consult with an attorney right away to file a motion for contempt (also called a motion to show cause).
Answered on Jun 03rd, 2013 at 11:59 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters