Post separation support


#1

Dear drwilsontwo:

Greetings. First, why doesn’t your attorney set the alimony trial for the same day as the post separation support hearing?

Next, the law on post separation says that you can bring up acts of marital misconduct at the post separation support hearing. Have you already done a Request for Admissions?

Finally, you will not win primary custody simply because with child support you believe she cannot support the kids. She can always ask to deviate upwards from the child support guidelines to get more money, and the court will award it if she needs it for the children. If the court orders a deviation upwards, you would be better off (probably) paying alimony for tax purposes. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

I am confused on this issue. With the help of a P.I., my wife was caught and then admitted to a lengthy affair and now does not expect alimony. Since she has no job, she still is fighting for PSS, saying her attorney claims she will get it, regardless of an affair. Is this true or is her attorney just running up fees? She just won’t leave the house since we still have not had a custody hearing. I will fight that I should have primary custody since she cannot support the kids, even with child support.