If I filed a motion to compel due to my STBXH not turning over financial documents for 2 months. If it is granted what typically happens next ? he did not show up for anything and this is 2nd time going for interim Equitable Distribution ? what can I do to resolve this issue as it’s taking a long time and delaying? I am trying to move on with my life. Every time they give 30 days more time and he does not show up or turn over any of the documents subpoenaed I am only asking for half of his retirement I am not asking for any of his things. Also if Post-separation support is granted what typically happens? does Post-separation support automatically transfer to alimony? if it does not, what paperwork and court procedure would be needed? Thanks in advance
Your best and more guaranteed course of action is to serve subpoenas on the companies that hold his account (for example, the bank, the financial institution, etc.) and to serve him with formal discovery requests (interrogatories, requests for production of documents, requests for admissions).
Postseparation support (PSS) does not automatically transfer to alimony. Usually PSS orders are valid for 12 months or until the court rules on alimony, whichever comes first.
For the dependent spouse receiving PSS, the best practice is to promptly calendar an alimony trial after the PSS is entered. That way you can ensure alimony is heard prior to the one-year expiration of the PSS order (assuming the order states it expires after 12 months) even if there are delays.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Hi Anna,
So what would be your recommendation for expired temporary orders? I’m still waiting on our trial to be heard and I guess now my temporary order has expired because it’s been that long. It’s quite frustrating, because he’s not even paying PSS which is not expired YET. So now, would my lawyer have to file more paperwork or just wait until until we finally get a trial. It’s been 18 months now since separation. All paperwork filed before then. Where is the help for dependent spouse? Could my lawyer explain to the judge that now our orders are expired?
If your spouse is not paying PSS per the court order, then you need to file show cause/contempt motions against him for willfully violating the court order. You also need to go ahead and alimony for a trial date so you can ensure you are heard before the PSS order expires.
For expired orders, you can make a motion to renew the order, but the best practice is to calendar the alimony trial date ASAP. Scheduling a mediation session or even an arbitration session can also be beneficial and will be much faster than waiting on court availability.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.