Question on temp spousal support + child support

Judge issued a ruling a month back on temporary child support and spousal support. This financial number, when combined with my fixed monthly expenses and avg varying expenses exceeds my net monthly income by almost $2k!! I don’t live lavishly by any means but I do make 5x more than my ex.

My attorney issued an immediate request to meet with the judge on it as she felt it was way out of line financially The judge hasn’t responded. Feels absolutely wrong to tap in to my 401k just to pay spousal support.

Am wondering if this is common? Do I have any way to get the judge’s attention in the matter? Do they ever go back and change temporary orders?

Sometimes this happens. A judge will go through the supporting spouse’s financial affidavit for example, and remove any expenses that he/she believes are not justified or are unreasonable, which can result in a high payment amount. Or perhaps the judge did his/her math wrong.

Your lawyer should be able to get an explanation from the judge. The judge can issue a new order. Otherwise, you will want to attempt to settle the permanent issues ASAP and/or schedule a permanent hearing ASAP.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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