Financial Affidavit

[Formykids]

Greetings and thank you for reviewing my question.
I represent myself in court as I do not have the necessary means to retain legal counsel.
Recently my request for Post Separation Support has been denied on the base that ex spouse has insufficient income/funds to provide PSS. At this time the order has not been signed yet and I need to provide to opposing party attorney with proposed modifications/objections to the ruling. Local rules ( NC district 26 - Mecklenburg) dictate as follow:

10.2 The Party seeking PSS or alimony or a modification of alimony shall attach the Affidavit of Financial Standing to his or her initial Pleading or file and serve it no later than 5:00 p.m. on the Monday preceding the beginning of the trial term in which the case is first scheduled for hearing. The responding Party shall file and serve the opposing Party with the Affidavit of Financial Standing by 5:00 p.m. on the Wednesday preceding the first week of the domestic term in which the case is scheduled for hearing. “Serve” means hand-deliver, fax, email or other means whereby the affidavit reaches the opposing party by the deadline

I did not received the responding party affidavit of financial standing but on the Monday AFTER the previous Wednesday deadline, actually almost missing the mail delivery altogether as I was heading out to court when the mailman arrived at my residence. The stamp on the envelop carries the date of the deadline day. Brought up this issue with the presiding Judge but she didn’t gave me the impression of caring about the issue at all. My impression.

After going through my stbx financial affidavit and other documents, I found out that she lied about her real monthly expenses, particularly regarding expenses for credit card payments, child care and individual expenses. My questions are:

1. Am I too late to provide this information to the Judge so she may reconsider her ruling?
2. Is it there a form or special format to submit this new information or can I just write a normal letter to the court?

Thank you for all the help you can provide.

[Erin_Clarey]

The evidence relating to your ex’s expenses needed to presented at the hearing, and the ruling will stand.

[Formykids]

Thank you Erin for the response.
Would you mind explain why there are rules set forth as in:

The responding Party shall file and serve the opposing Party with the Affidavit of Financial Standing by 5:00 p.m. on the Wednesday preceding the first week of the domestic term in which the case is scheduled for hearing. “Serve” means hand-deliver, fax, email or other means whereby the affidavit reaches the opposing party by the deadline

But then it’s possible to serve the Affidavit and mandated documents on day and time of hearing?

[Erin_Clarey]

The judge has the discretion on what, if any, sanctions to impose for failure to comply with the local rules. It is unfortunate that in this case the judge deemed no sanctions were appropriate.

[Formykids]

Thank you Erin for your help, much appreciated. Have a nice weekend.

[Erin_Clarey]

You are welcome. I wish you the best.