My trial for alimony involved submitting affidavits along the same line of the PSS trial, but it did no good as the judge reduced my amounts…both child support and the PSS amount. The judge refused to hear the issue of adultery or at least, that is what my lawyer told me. Although my affidavit was virtually the same as the PSS affidavit, the judge gave my affidavit no weight whatsoever and based my expenses totally on the amount of allowance I received from the ex during the marriage. At the PSS trial (same judge), my lawyer said the judge had made the statement that my ex certainly couldn’t live off what he expected me to. My ex’s affidavit indicated he needed twice as much to live as the judge “awarded” me. My ex’s house payment is more than the amount of alimony I receive. I also did not get 50% of the property. Judge awarded a physician more of the property than an out of work for 20 years school teacher. I hope you have better luck and I hope you have the same judge as the one who decided your PSS amount. Adultery is supposed to play a role in the amount, BUT only if it can be proven that you are a dependent spouse. Good luck as you just don’t ever know what the Court is going to do.
During the alimony trial each party will submit affidavits of their income and expenses. Each party will then testify about their respective incomes and ability to work. During the trial they will introduce evidence regarding marital fault committed by each party and the judge will weigh all the factors they deem to be relevant in determining a child support amount.
The vast majority of cases do settle outside of court and some do settle on the day of the trial.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
How is the alimony trial conducted? Is it like the PSS and financial affadavits are examined to determine need? Or is the marriage itself discussed and marital fault brought out? If the supporting spouse is cohabitating does his girl friend usually get supoened? Does usually the supporting spouse who is in marital fault with adultery usually like to settle prior to court to avoid the judge granting a higher alimony based on adultery or is marital fault not considered as important as simple need of the dependent spouse?