When sending a Notice of Hearing by mail, does it have to be date stamped by the post office as 10 days out or actually received 10 days out from the hearing? Also, if I send my STBX a Financial Affidavit, when does he have to get a copy to both myself and the courts by? And does it have to be submitted for PSS and Temporary Child Support hearings. Thank you for your assistance.
Notice of Hearings shall be served on the opposing party no later than 5 days in advance (10 days for motions for summary judgment) unless local rules specify otherwise. This means the opposing party must have the Notice in their hands, not postmarked, by this deadline.
There should be an exchange of financial affidavits prior to a hearing for PSS. The deadline for serving the other party depends on the local rules for your specific county. For example, in Wake County the party asking for PSS shall serve the other party with their financial affidavit within 30 days of filing the claim, and the other party should serve his or her financial affidavit on the party asking for PSS within 45 days of being served with the claim, but in no event shall either party serve the financial affidavit less than 15 days before the hearing date.
The financial affidavit needs to be served on the other party for PSS and/or alimony claims, but not for child support hearings.
Note that the financial affidavit is generally not filed with the court.
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.
The rules in Henderson County seem to be minimal. When I asked the Clerk of Courts Office they were unaware of any specific rule as to when the financisl affidavit had to be served by. So, barring any specific rules in that county, financial affidavits are to be exchanged at anytime before the actual hearing, and the Notices of Hearing delivered 5 days in advance of the date of hearing. Is that correct?
Yes, if there are no local rules about the exchange of financial affidavits (most smaller counties do not have local rules that address this), then financial affidavits can be exchanged at any time and a Notice of Hearing shall be served on the opposing party at least 5 days in advance.
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.
If my STBX does not provide a copy of his finanvial affidavit prior to the hearing for PSS, how will that affect things? Will the judge just take his word on things? I think he will underestimate his income by not including overtime. Also how do I make a case that since he is cohabitating that his bills should be less, or can he just say that he lets her spend what she makes snd he pays all the bills? Also, is there a responsibility for him to adjust his withholding to reflect the deduction he will get for alimony? That would free up quite a bit of disposal income.
If your spouse does not provide his financial affidavit prior to the PSS hearing, then he can testify under oath to his income and expenses. It will be up to the judge to assess the creditability of his testimony, but you can cross examine him on the witness stand about the creditability of his income, expenses, bills, cohabitation, etc.
You can make your point about the cohabitation and expenses correlation by cross examining him on the witness stand and making this point in your closing argument to the judge.
There is no requirement that your spouse adjust his withholdings to reflect the alimony deduction.
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.