Legal Question in Family Law in North Carolina

If my father pays for my parent plus loan, is that legally considered as providing me with financial support? Obviously, it's his loan, in his name, affecting his credit. ( I would provide more context to this question but whenever I do, someone responds and gets hung on some detail I say, instead of actually answering the question with a simple "yes, no, or it depends".


Asked on 1/11/14, 5:23 am

1 Answer from Attorneys

Why in the world are you so concerned about whether your father paying that loan is considered 'financial support' to you? As they say 'the devil is in the details'. The basic problem isn't that we get hung, its that you are asking a question that can not be answered the way you want with out the details and more over even if you had a yes or no answer it wouldn't help you much because it's the wrong question. It's the wrong question because 'legally' the term 'financial support' doesn't mean anything. So until we know what importance 'financial support' has - we really can't answer your question. However, from what I understand of your father's situation whether or not paying the loan is or is not 'financial support to you' is completely irrelevant to the issue of whether or not your father will have to pay your mother alimony. Alimony is generally a punishment and is based on income - you can have all the 'legitimate expenses' in the world and it won't give you any break - because alimony is based on income not 'what's left over' - not much of a punishment aspect if it was based on 'what's left over'. 'What's left over' is what your father gets to live on. Lawyers hear this all the time, I couldn't pay my alimony because of my car payment or my house payment or my kid needed an operation or what ever else you may want to throw in there Think of it this way, alimony is like Paulie from Goodfellas. Paulie don't care, pay me! So no matter how you slice it or define it - paying that loan or not paying it, financial support to you or not financial support to you - is all irrelevant - your father's payin' that alimony eventually or he will likely be held in contempt.

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Answered on 1/12/14, 6:05 am


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