North Carolina General Statutes 50-56. Modification of award for alimony, postseparation support, child support, or child custody based on substantial change of circumstances
Terms Used In North Carolina General Statutes 50-56
- Alimony: means an order for payment for the support and maintenance of a spouse or former spouse, periodically or in a lump sum, for a specified or for an indefinite term, ordered in an action for divorce, whether absolute or from bed and board, or in an action for alimony without divorce. See North Carolina General Statutes 50-16.1A
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Postseparation support: means spousal support to be paid until the earlier of any of the following:
(a) A court or the arbitrators may modify an award for postseparation support, alimony, child support, or child custody under conditions stated in N.C. Gen. Stat. § 50-13.7 and N.C. Gen. Stat. § 50-16.9 as provided in subsections (b) through (f) of this section.
(b) Unless the parties have agreed in writing that an award for postseparation support or alimony shall be nonmodifiable, an award by arbitrators for postseparation support or alimony under N.C. Gen. Stat. § 50-16.2A, 50-16.3A, 50-16.4, or 50-16.7 may be modified if a court order for alimony or postseparation support could be modified under N.C. Gen. Stat. § 50-16.9
(c) An award by arbitrators for child support or child custody may be modified if a court order for child support or child custody could be modified under N.C. Gen. Stat. § 50-13.7
(d) If an award for modifiable postseparation support or alimony, or an award for child support or child custody, has not been confirmed under N.C. Gen. Stat. § 50-53, upon the parties’ written agreement these matters may be submitted to arbitrators chosen by the parties under N.C. Gen. Stat. § 50-45 N.C. Gen. Stat. § 50-52 through N.C. Gen. Stat. § 50-56 shall apply to this modified award.
(e) If an award for modifiable postseparation support or alimony, or an award for child support or child custody has been confirmed pursuant to N.C. Gen. Stat. § 50-53, upon the parties’ agreement in writing and joint motion, the court may remit these matters to arbitrators chosen by the parties as provided in N.C. Gen. Stat. § 50-45, in which case N.C. Gen. Stat. § 50-52 through N.C. Gen. Stat. § 50-56 apply to this modified award.
(f) Except as otherwise provided in this section, the provisions of N.C. Gen. Stat. § 50-55 apply to modifications or corrections of awards for postseparation support, alimony, child support, or child custody. (1999-185, s. 1; 2005-187, s. 14.)