Another CS/PSS question

North Carolina Divorce Law Divorce and Separation Answers
1

The Judge will allow him a reasonable amount to pay his mortgage. If the home he owns now is not commensurate with the standard of living you had while you were married, it is not likely the Judge will take the entire mortgage into account.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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2

I was getting $3000 a month CS/PSS as a dependant wife, then, when my daughter graduated high school, I lost $1000/mo. It’s time for PSS to be converted into alimony. At CS/PSS it was determined that I was living on a shortfall at that time. My financial affidavit shows that I still need the $3000 a month but since then my ex has bought a home with a mortgage that is almost 1/2 his monthly take-home pay. I have been told that the judge will scrutinize his mortgage–what ever that means? At the CS/PSS hearing his living arrangements were stated he was renting a room. He has since purchased a 4000 sq. ft. house he can hardly afford. Will the court just tell me that he now doesn’t have the funds to pay me what I need to maintain my living arrangements at the time of separation or will they just allow him a reasonable amount to apply towards a mortgage? What about the finding of facts issue? His mortgage is now set at $3685/mo. Can you tell me how this situation is generally looked upon in the court when an ex purposely overextends himself with a mortgage after PSS and before alimony has been decided?
Thank you.