Written by Jonathan Breeden
Life rarely stands still after a divorce. Prices climb, children’s needs grow, and medical bills appear out of nowhere. If your current support no longer covers everyday expenses, North Carolina law gives you a way to ask the court for more alimony, but you must meet specific rules and present clear proof. A spousal support lawyer in Wake County can guide you through the process as you seek to modify your alimony.
Even a well‑reasoned court order can become outdated. A sudden rent hike in Garner, a child’s therapy costs, or a former spouse’s big promotion can all tip the balance. When the gap between your monthly budget and your support check widens, the law calls this an opportunity for an “upward modification.”
Before you can raise an award, you first need to know the kind of support you have. North Carolina offers post‑separation support (short‑term aid while a case is pending) and alimony (long‑term payments after the divorce is final). Only the second category is typically modified, but the standard for proving a change is similar in either situation.
A court labels you “dependent” when you cannot maintain the basic lifestyle enjoyed during the marriage without help from your former partner. That status, once established, remains. The amount you receive can rise or fall as finances evolve.
When determining the amount of alimony, judges weigh length of the marriage, both incomes, each party’s health, and marital misconduct, among other factors. Those same points come back into play when you ask for more money, so gather paperwork that touches each topic.
Not every bump in the road justifies a higher award. North Carolina requires a substantial and ongoing change since the last order. The next sections describe the most common triggers and timing questions.
If you lost a job through no fault of your own, face unexpected medical treatments, or must pay higher child‑care fees so you can work, those unresolved costs may show real need. Keep receipts, bills, and updated pay stubs to illustrate the shortfall.
Courts also consider whether the supporting spouse now earns more or owns additional assets. Promotions, business sales, or sizeable inheritances count. A raise alone is not enough. You must still prove you need extra help, but greater capacity on their side strengthens the case.
You do not have to wait a year, a month, or any set window. File your request as soon as the change occurs and you can document it. Delays can hurt because a judge typically increases payments only from the date you filed, not when the hardship started.
Every upward‑modification request rests on the same statute: N.C.G.S. § 50‑16.9. Understanding its language helps you shape convincing evidence.
The statute says the court may alter an existing award “upon motion in the cause and a showing of changed circumstances.” That single sentence contains three tasks: file the motion correctly, prove change, and link the change to your need.
The judge does not chase down records. You must produce tax returns, pay history, medical invoices, or other reliable documents. Sworn testimony helps, but paper proof carries more weight.
A thoughtful presentation can turn a stressful hearing into a clear story of need and fairness.
Start with three years of tax returns, recent W‑2s, pay stubs, bank statements, and credit‑card summaries. Highlight recurring costs that have grown since the last order, such as health‑insurance premiums or housing.
Write out your monthly budget, including your mortgage or rent, utilities, groceries, transportation, insurance, education expenses, and reasonable personal costs. Then compare your actual income (including present alimony) to that budget to show any gap.
Public salary databases, real‑estate listings, social‑media business announcements, or discovery responses can reveal raises or new assets. Courts dislike fishing expeditions, so point to specific items that indicate capacity to pay.
Knowing the local procedure removes surprises and keeps your case moving.
Wake County generally directs spouses to family‑court mediation before a full hearing. Professional mediators often broker voluntary increases faster than litigation, and judges look favorably on parties who try settlement.
You or your lawyer file a “Motion in the Cause” under the existing docket number, pay the filing fee, and serve the papers on your former spouse. Missed service rules can delay the case, so proof of service is essential.
If the income gap is extreme, say a medical emergency threatens eviction, you can request a temporary hearing for short‑term assistance before the final decision.
At the hearing, each side presents evidence and questions witnesses. Wake County judges usually finish trials the same day, but more complex financial issues can push proceedings to a second session. Expect a written order a few weeks later.
Even with clear need, the other party may raise defenses. Address them early.
If your ex claims you live with a partner who helps pay bills, be ready to show separate finances, separate leases, or sworn statements refuting the claim. Remember: cohabitation that lowers your need can bar an increase.
Courts want to see active job searches or reasonable efforts to upgrade skills. Keep records of applications, interviews, and training programs.
Marital misconduct still matters. If your ex alleges post‑separation infidelity that impacts finances, be prepared to counter with evidence or show that the behavior has no bearing on current need.
Yes. Each substantial, ongoing change, such as another job loss or medical event, allows a new motion.
Remarriage alone does not raise payments, but if it boosts your ex’s household income significantly, the court may consider that in overall ability to pay.
If your ex is hiding assets, it is critical to work with your attorney to uncover anything that could help improve your chances at increasing your monthly payments. Discovery tools let your lawyer subpoena tax returns, pay records, and banking information. Intentional concealment can lead to contempt findings and back‑pay awards.
Simple cases wrap in a single morning. Complex financial disputes may require a second day or additional evidence sessions.
Possibly. Both forms of support draw from the same income pool, so a change in alimony can prompt a review of child support calculations.
Courts rarely grant increases retroactive to before you filed, so act quickly when circumstances shift.
If the original order came from a North Carolina court, that court retains authority. You can still request changes even after moving, though out‑of‑state travel for hearings might be required.
Breeden Law Office has helped Wake County families navigate alimony for more than two decades. Attorney Jonathan Breeden knows the judges in Raleigh, Garner, Smithfield, and Angier and tailors arguments to local preferences. He begins with negotiation but prepares every case for trial so your interests stay protected at each step. Call (919) 661-4970 to discuss your situation.