PSS hearing question


#1

what is the likely hood of a judge to order support help from a party who works full time yet expenses of work and credit bills leaves him oweing money that his family has to help pay


#2

Judges must account for the supporting spouse’s reasonable expenses as well as the dependant spouse’s “shortfall” to meet his or her reasonable expenses. I have seen cases where judges have not ordered any post-separation support despite finding that one party is indeed a supporting spouse. In that case the judge found that the supporting spouse simply did not have the ability to pay.
If you demonstrate that all of your expenses are reasonable and necessary and there is no surplus a judge may not order you to pay support.


#3

within the pss claim there is also attorney fees and other stuff
if the court finds me as a supporting spouse what is the likely hood of this getting given when debt for supporting spouse exceeds 20k


#4

If the court finds that a dependant spouse who has brought an action in good faith, and does not have the means to sustain herself in the action attorney’s fees will be awarded. The amount is upto the discretion of the judge.
The court will account for the debt service (monthly payments) when making an award of support.


#5

[quote=“silvermouse”]within the pss claim there is also attorney fees and other stuff
if the court finds me as a supporting spouse what is the likely hood of this getting given when debt for supporting spouse exceeds 20k[/quote]
Depends on the judge, totally.

I am paying PSS right now, plus CS, and one last year of private school tuition for one of my kids. The judge looked at my high salary and ruled that I had to pay so much that I am in the red every single month.
It doesn’t matter that my STBXW has $90K in equities she could live off of, or that her parents bought her a house. They look only at current income (very important).

I don’t know what the ruling would have been if I made less money. The judge looked at my salary, saw my affidavit, and is making me pay so much that I am going into debt every month. I’ve never had credit card debt carried before-- what a great experience!

Attorneys fees are supposed to be different, in that if the dependent spouse who is suing has a substantial estate (i.e. saved up money), then according to my atty the judge should rule that she can meet me on equal footing in court as a litigant.


#6

[quote=“quixote”][quote=“silvermouse”]within the pss claim there is also attorney fees and other stuff
if the court finds me as a supporting spouse what is the likely hood of this getting given when debt for supporting spouse exceeds 20k[/quote]
Depends on the judge, totally.

I am paying PSS right now, plus CS, and one last year of private school tuition for one of my kids. The judge looked at my high salary and ruled that I had to pay so much that I am in the red every single month.
It doesn’t matter that my STBXW has $90K in equities she could live off of, or that her parents bought her a house. They look only at current income (very important).

I don’t know what the ruling would have been if I made less money. The judge looked at my salary, saw my affidavit, and is making me pay so much that I am going into debt every month. I’ve never had credit card debt carried before-- what a great experience!

Attorneys fees are supposed to be different, in that if the dependent spouse who is suing has a substantial estate (i.e. saved up money), then according to my atty the judge should rule that she can meet me on equal footing in court as a litigant.[/quote]

currently i was the only one working and bringing in an income for the marriage and up into a week ago my wife got a job. my income however was less then 25k a year with me holding debts over 25K and bills costing me to go red as it is each month to maintain payments