House committee substitute makes the following changes to 1st edition. Deletes proposed GS 52-10(al) concerning contracts between a husband and wife to waive and release all rights and obligations to postseparation support or alimony. Makes conforming change.
ALIMONY/POSTSEPARATION SUPPORT CHANGES.
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View NCGA Bill Details(link is external) | 2011-2012 Session |
TO MAKE CHANGES TO THE LAW RELATING TO ALIMONY AND POSTSEPARATION SUPPORT, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION.Intro. by Rhyne.
Bill History:
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Wed, 6 Apr 2011 House: Filed(link is external)
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Thu, 7 Apr 2011 House: Passed 1st Reading(link is external)
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Thu, 7 Apr 2011 House: Ref To Com On Judiciary Subcommittee C(link is external)
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Wed, 20 Apr 2011 House: Reptd Fav(link is external)
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Wed, 20 Apr 2011 House: Cal Pursuant Rule 36(b)(link is external)
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Thu, 21 Apr 2011 House: Placed On Cal For 4/26/2011(link is external)
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Tue, 26 Apr 2011 House: Failed 2nd Reading(link is external)
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Tue, 26 Apr 2011 House: Reconsidered 2nd Reading(link is external)
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Tue, 26 Apr 2011 House: Withdrawn From Cal(link is external)
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Tue, 26 Apr 2011 House: Re-ref Com On Judiciary Subcommittee C(link is external)
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Wed, 1 Jun 2011 House: Reptd Fav Com Substitute(link is external)
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Wed, 1 Jun 2011 House: Cal Pursuant Rule 36(b)(link is external)
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Wed, 1 Jun 2011 House: Placed On Cal For 6/2/2011(link is external)
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Thu, 2 Jun 2011 House: Passed 2nd & 3rd Reading(link is external)
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Mon, 6 Jun 2011 Senate: Rec From House(link is external)
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Mon, 6 Jun 2011 Senate: Passed 1st Reading(link is external)
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Mon, 6 Jun 2011 Senate: Ref To Com On Judiciary II(link is external)
Bill Summaries:
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Bill H 706 (2011-2012)Summary date: Jun 1 2011 - View Summary
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Bill H 706 (2011-2012)Summary date: Apr 6 2011 - View Summary
Amends GS 50-11(c) to specify that a divorce obtained pursuant to GS 50-5.1 or GS 50-6 must not affect the rights of either spouse with respect to any action for alimony or postseparation support pending at the time the divorce is granted, except as provided by GS 50-16.1A(4). Adds a similar exception for an absolute divorce.
Amends GS 50-16.9 to create a rebuttable presumption that the voluntary retirement of the supporting spouse after that spouse attains the age of 67 years is not an action in bad faith, and, unless rebutted, constitutes a change in circumstances that a court must consider in determining whether to modify an alimony or postseparation support order.
Amends GS 52-10 to specify that any contract between a husband and wife to waive and release all rights and obligations to postseparation support or alimony is valid and not inconsistent with public policy, if it is in writing and acknowledged by both parties before a certifying officer. Applies to contracts entered into on or after October 1, 2011.
Effective October 1, 2011.