My ex moved to North Carolina a few years back and stopped paying my back support. I won a petition in court for him to resume payments. This past November he turned 66 and is collecting his full Social Security. He is now asking the court to clarify whether he has to pay me now that he is collecting. I am working part time and collecting Social Security as a spouse and will not turn 66 until October 2019. I am limited as to how much money I can make until October of this year, yet he can work and he is not limit as of 2019 since he turned 66 in November 2018. What is the law on this matter...
From the opening of your question, it sounds like you might be in other state, since you said he has now moved to NC? If that's the case, then I also assume your court order is from that other state? If so, unfortunately as NC attorneys we can't really advise you on another state's laws and court order, not to mention any attorney would need to review the language of your actual order anyway to see what's what.
But generally speaking, under NC law at least, there are sometimes grounds to file a motion to modify alimony (either up or down) based on a showing of a "substantial change of circumstances", which your facts may or may not be (just depends on more info, your evidence, etc.). But one thing is for sure, whatever order is in place, HE NEEDS TO FOLLOW IT AND PAY (unless and until it is successfully modified, if it even can be). Or else he is subject to you filing a motion for contempt (show cause) against him. Again, this is NC law.
You should consult with a family law attorney (in the proper state) to look at your actual order, timeline of events, and further facts.
Hope this helps and good luck!
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