Post Separation Support


#1

I recently attended my temp hearing for post separation support. I represented myself and think I did well. However, there are some things I wish I would have asked during my cross examination that I thought of after the hearing. There was no ruling as the judge stated she had to crunch some numbers. My ex stated many wants at this hearing but only one want was really a need. All except for medical insurance, many of her requests were things that I felt were not needed. Anyway, her lawyer request $900.00 in PSS and that would be on top of the $1100.00 I am paying in CS. My take home pay is $3200 a month. I have rent, food and other bills I must pay to support myself as well. My ex complains she has to work an extra 15 hours a week to make ends meet. This is a joke. We have three kids and I pay my support plus some. She pays for her car, food and utilities. She has a couple of credit cards as well. Her take home pay is $300.00 a month less than mine. What is the chance she will be awarded this much in PSS. I could never pay that and survive. ALL her reasonable needs are being met and she even has some savings at the end of the month. The judge will rule anyway but just curious to what you think.

Also:

Had to buy another car because the vehicle I had broke down. I have three kids and need reliable transportation. I used the cash for clunkers program and bought the cheapest car I could get. ( Chevy Aveo)
They used this against me. Her lawyer stated I could just use my motorcycle for transportation. Unfortunately, I forgot to tell the court that was the reason for the new purchase. Brainfarted I guess.

Due to overtime, my pay seems inflated but this OT is only available at the end of every three month quarter and is never guaranteed. Making my monthly bills is what is important to me, so I am hoping the judge sees that that OT is not typically there every month.


#2

I can’t predict what the potential outcome of any case is. PSS is intended to make up for the dependant’s shortfall in meeting his or her reasonable needs. Only the judge can make a determination of whether or not her needs are reasonable. Of course your ability to pay the support is also considered in the award.

If you presented your paystubs and there was testimony regarding the overtime, the judge will also have to make a finding regarding how much overtime you receive baed on his or her interpretation of the facts.


#3

What is considered a shortfall? My ex wife does not go negative each month. In fact, aside from health insurance, most of what she said she needed was not really a major need. She may not be able to get her nails done every week or her hair done every other month but her needs are being met.


#4

A shortfall is the deficit between the need and the ability to meet that need. Since alimony is intended to allow the dependant spouse to maintain his or her standard of living, personal upkeep and even savings can be included in the reasonable needs.


#5

Ok…So, in my case, my ex’s affidavit shows her total need after her total take home pay as 1,190. This includes all her needs for the children as well. I’ve been giving her well over 1300 since March of 2008. Obviously the standard of living is going to change for both parties. I now have two households to support. I guess at this point I am just venting and looking for something to be hopeful for. :slight_smile: The judge will decide what she thinks is right. Thank you for your help.

Manny


#6

Keep in mind that child support is intended to meet the children’s reasonable needs, and of course the judge realizes that you cannot create two households which are identical to what was one on the same amount of income. I wish you all the best! Keep us posted on the outcome.


#7

Finally received my ruling PSS yesterday. The Judge awarded my ex-wife $795.00 a month for one year on top of the $1100.00 a month in child support. My take home when I work 40hrs per week is $1600.00 bi-weekly and about $3200.00 per month. I do get overtime at the end of every quarter. For the months that overtime is cut-off, she has left me with $1200.00 a month to pay my bills and eat. My rent alone is nearly $700. How is this fair? Her take home is 2700 plus with my CS and PSS almost $5000. Someone needs a math class. What can I do about this?