My stbx dropped his claim to alimony after he was awarded PSS last January. He has now re-opend a case for alimony and has sent me a court hearing date set for OCT. The only thing that I recieved from the court and him is the notice of the hearing.
Doesn’t he have to send me more information like the disclosures and such, or do we use the ones for the PSS hearing although it has been since last October when we had this hearing?
hi,
I’m not an attorney but from what I remember when I filed fro alimony,
the opposing party or conselor need to have the Financial Affidavit a week before (I believe is the Wednsday before the hearing date. I think, both Fianancial Affidavits need to be current.
It depends on what your local rules state regarding mandatory disclosures (if anything). If there is information you would like to have you may also subit discovery.
I am in Wake Co. So, do we go to the alimony trial in October with the same financial affidavits that wes used this last January for the PSS? We dont’ have to submit anything new? I want to make sure I follow the rules.
There is a duty to amend only if something has changed. You can read the rules regarding disclosures here : http://www.nccourts.org/Courts/CRS/Policies/LocalRules/Documents/680.pdf
Ok, well I have had changes in my income. Last year I recieved a bonus of $12,000 which the judge prorated over 12 months and calulated into PSS. This year I only recieved $6,000, but I recieved a small raise to my income. My house payment has also increased. Should I file for discovery? If so, how do I do that? I cannot afford an attorney.
You need to send your updated information to the other side as updated disclosures.
Is there a time line in which this needs to be done? Will he in turn need to send to me updated disclosures? I have not spoke to him in over a year, so things could have changed for him as well.
You should send the disclosures 10 days in advance of hearing, and may send a letter now asking for their updated disclosures.