Post Separation Cumberland County NC


#1

Today i was in court for Post Separation Support, Interim Child Support, Equitable distribution. To use professional word i got the short end of the stick. I was ordered to pay a total of $1900.00 dollars of which 957.00 is child support. Here is the catch! i did nothing wrong. She had numerous adulteress affairs and literally spent $55,000.00 in a matter of 10 months. all i do is work. she resigned from her job 2 years ago with the intention of staying home with the children instead she did nothing, children are in school from 7am to 2:30pm and then an in home nurse cares for the children from 2pm until 10pm every evening. I work night shift 70 miles away.
My question;
NC GENERAL STATUE § 50 16.2A. Post separation support, provides the following

(b) In ordering post separation support, the court shall base its award on the financial needs of the parties, considering the parties’ accustomed standard of living, the present employment income and other recurring earnings of each party from any source, [color=#FF0000]their income earning abilities,[/color] the separate and marital debt service obligations, those expenses reasonably necessary to support each of the parties, and [color=#FF0000]each party’s respective legal obligations to support any other persons[/color].

[color=#FF0000]would not child support fall under this provision as “other parties respective legal obligation to support any other person”[/color]
© [color=#FF0000]Except when subsection (d) of this section applies,[/color] a dependent spouse is entitled to an award of post separation support if, based on consideration of the factors specified in subsection (b) of this section, the court finds that the resources of the dependent spouse are not adequate to meet his or her reasonable needs and the supporting spouse has the ability to pay.
(d) [color=#FF0000]At a hearing on post separation support, the judge shall consider marital misconduct by the dependent spouse occurring prior to or on the date of separation in deciding whether to award post separation support and in deciding the amount of post separation support[/color]. When the judge considers these acts by the dependent spouse, the judge shall also consider any marital misconduct by the supporting spouse in deciding whether to award post separation support and in deciding the amount of post separation support.

[color=#FF0000]would this have made a significant difference in the PSS order?[/color]

I dont know about anyone else but i know for a fact that my children do not incur 957.00 in expenses on a monthly basis. furthermore after living with this woman for 9 years i know the rest of the money will be used to live it up at my hard earned expense. Please do not misunderstand i love my girls with all my heart, but is breaking me the correct way to ensure they are taken cared of?


#2

The judge would have considered your child support obligation as part of your ability to pay PSS when he or she made the determination of how much spousal support you would pay. If you presented evidence of your ex’s misconduct the judge would have also considered that in making a determination of support, but misconduct is not a bar to PSS.

Child support is not only meant to cover the children’s expenses, but also accounts for their portion of housing costs, transportation, utilities, ect.