Post Separation Support Denial / Appeal


#1

My recent request for PSS was denied. My ex husband makes roughly 15 times the salary that I do, has posession of 95% of our assets, and I am drowning in legal bills with a salary of only 37K after 2 years of separation. Because of the PSS denial I am currently not eligible to be reimbursed for legal fees either. I am appealing the ruling, but my attorney tells me the appeal can’t be heard until all other matters with the case have been finished - i.e. alimony, equitable distribution, etc. So my question is this: how in the world am supposed to pay to have the rest of my case completed with no PSS or legal fees? Is this really true? Do I have any other options? I thought NC law was supposed to protect the spouse with fewer assets and that they shouldn’t have to deplete their individual estate to get a fair hearing. Not only has my individual estate been depleted, but I am now in 40K debt. Given the very nature of PSS as interim assistance, it makes no sense to me how an appeal on this can be last priority! I also fear, if I make it far enough in the process to have my appeal heard, that the judge will say I no longer have need if I receive any monies during equitable distribution. I have suffered for 2 years with financial hardship and incredible stress; the unjust PSS ruling has not only put me in huge debt but also ruined any chance I had at a fair division of our estate because I can’t afford to pursue my case or wait out the appeal. I am feeling very disillusioned with the system.


#2

PSS is not immediately appealable and the denial of attorney’s fees will stand at this point. I am sorry to hear you are in such a bad spot, but I don’t have any legal advice, only personal advice that you may consider taking a loan from a family member to pay your attorney’s fees to fight this battle.