If you have been married for a substantial period of time and your spouse earns significantly more or less money than you, calculating spousal support will likely be an issue in your North Carolina divorce case. North Carolina does not have specific statutory guidelines setting forth a formula for calculating spousal support, which comes in the form of post-separation support and/or alimony. Therefore, hiring an experienced divorce attorney is your best option for ensuring that you receive a fair and just settlement regarding spousal support. You need a divorce attorney who understands the complexities of calculating spousal support in a North Carolina divorce action.
The family law attorneys of The Trevor J. Avery Law Firm help individuals fight for the right to a fair and just settlement in their divorce case. Our attorneys understand the statutory factors used by judges to determine if spousal support is justified and, if so, the elements judges consider when calculating spousal support. We use every available resource to build a strong argument to maximize the amount of spousal support you are entitled to receive under North Carolina law.
Calculating Spousal Support in North Carolina
Spousal support is governed by Chapter 50 of the North Carolina General Statutes.
Before a judge will order spousal support or even consider calculating spousal support, the judge must find that one spouse is a “dependent spouse” and the other spouse is a “supporting spouse” as defined by the statutes. In other words, a dependent spouse is financially dependent on the other spouse for his or her support and maintenance and the supporting spouse has the means to provide financial support for the dependent spouse. The next step in awarding spousal support is for the judge to determine whether an award of support is equitable after considering the factors set forth in the statutes governing spousal support.
After weighing all of these factors, if the judge determines spousal support is justified, the judge must then use his or her discretion in calculating spousal support in an amount that is “equitable” to both parties. Because North Carolina does not have a specific formula for calculating spousal support, it is imperative that you retain a divorce attorney in your area who has substantial experience practicing before the judges in that specific jurisdiction and who understands the considerations used by these judges when calculating spousal support.
Contact an Experienced Jacksonville Spousal Support Attorney
“Attorneys Who Aggressively Protect Your Rights”
The Trevor J. Avery Law Firm focuses on protecting your rights to a fair and just settlement in your divorce case, including but not limited to, your right to receive spousal support. Our family law attorneys have substantial experience arguing for the right to receive spousal support in an amount that is equitable to both parties. We understand the factors used in determining spousal support in North Carolina and how to use these factors to build a strong case for spousal support.
You need attorneys working for you who know the law and who have the experience to get results. We are those attorneys! The law firm of The Trevor J. Avery Law Firm represents clients throughout Duplin County, Onslow County, and the surrounding communities. Call our office at (910) 405-8459 or contact us online today for a free case evaluation.