Spousal support court action


#1

For the most part, you should expect an examination of your respective financial affidavits, and your incomes. If marital misconduct is being alleged, then the court can hear evidence of those matters as well. The court is looking for a dependent spouse, a supporting spouse, and an ability to pay support.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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 the dependant spouse and he is the supporting spouse. We have been separated just 4 months now, and he is/ and (since we separated) have been living with a woman that he has been having an affair with during our marriage. Now is it really true that I can take action against this woman for having a relationship with my husband.

Shortydowop


#3

My husband and I are going to be going to court for spousal support and it has been brought to my attention that he said, he is not wasting his money on an attorney–he’s going to represent himself----I just want to know----how wise is that? Now mind you that he is now living with another woman—just 4 months separated from ME(a 21 year marriage)!!!
He did not answer to my civil action for spousal support-- How wise is he? and if he does get an atorney NOW–will it be OK according to to court to be represented by the attorney?

Shortydowop


#4
quote:
Originally posted by shortydowop
My husband and I are going to be going to court for spousal support and it has been brought to my attention that he said, he is not wasting his money on an attorney--he's going to represent himself----I just want to know----how wise is that? Now mind you that he is now living with another woman---just 4 months separated from ME(a 21 year marriage)!!!!! He did not answer to my civil action for spousal support-- How wise is he? and if he does get an atorney NOW--will it be OK according to to court to be represented by the attorney?

Shortydowop


Shortydowop


#5

He can represent himself if he choses, but he will be held to the same standards as an attorney. So, unless he has some legal training, I imagine he may have some trouble with court room procedure, and getting evidence presented to the court. The judge is not going to give him legal advice or help him out with court procedure.

Good luck!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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.


#6

When it comes to going to court for spousal support, I know income is involved, but what about TAX RETURN information and how far back would it go?

Shortydowop


#7

Has anyone gone through the court action of spousal support??? My husband assaulted me, had to leave the home, and refused to come back–saying I don’t call the “Law” on HIM–if I’d never done that he said --he would be home today–OH WELL–I needed help— and after just being gone 1 month was/is living with a female and we CAN’T AGREE on anything and that’s why I took action against him and our court date is approaching the first of the year and he has just been served with a suponea concerning his income of the last 3 months plus his tax income of the last 3 years–now he’s calling me all upset about this–saying I’m trying to drain him dry–he has left me with DEBT up to my ears and actually thinks that since he doesn’t live here anymore–he isn’t responsible for paying the bills which I’ve never done during the 22 years of our marriage. TALKTOME

Shortydowop


#8

Any responses???

Shortydowop


#9

We would be happy to reply but are not sure what your question is. Please explain.

Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.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.


#10

The question is: my husbands’ income is being subpoened for the earnings from the 3 months–how does the income tax situation play a role–would that be subpoened from years back also?? This is to prove what he’s making in reference to spousal support payments!!!

Shortydowop


#11

Dear shortydowop:

Greetings. Yes, the income tax returns should also be looked at from during the marriage. I would argue that you need more information than just 3 months, because depending on his type of employment, he may be intentionally decreasing his income to decrease the amount of support he would pay you. If this was the case, this could not be determined solely on 3 months worth of documents.

Also, it sounds like you have an attorney, so I would suggest that you address a number of these questions to your attorney. Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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.


#12

Thank you for your responses. I do ask questions, but sometimes I have so many questions, that I actually think I’ve asked all I wanted to know, but once I get in my car or back at home, I think of thousands more and since this is what this site is for, I didn’t think it would be any harm to ask!!! Sorry for bothering you–my FAULT!!!

Shortydowop


#13

Dear Shortydowop:

Greetings. I did not feel like you were bothering any of us, but I do know that your attorney probably knows your case inside and out and that tey also have ideas. We love answering questions for anyone, or we would not have posted this forum on the internet. I always forget one more question and that is why I have to contact my clients all the time to ask just one more question. Keep your questions coming.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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.


#14

I want to say thank you for having this NC Divorce information for all of us in need. After 7 months of separation, today 02/12/04, I finally got awarded with spousal support and I am pleased with the results–just wish it wouldn’t had taken so long–my husband was dragging and stalling–and today the judge said enough is enough. I am not at all through with this site because we have equitiable distribution and the divorce to attack before August. THE BEST OF LUCK TO EVERYONE including myself with my end results!!!

Shortydowop


#15

I know better, but please clear this up with me–my husband keeps making the statement that he will be glad when our year is up and we are finally divorced so that he will no longer have to support me. He was ordered to pay me spousal support in 02/12/2004 and he’s hating it. Clear this with me in writing–spousal support while separated -----and alimony once divorced-----RIGHT?? My appointment with my attorney isn’t until next month and that will be a question–but I wanted to ask you guys for now!! Another question–does it make a big difference who files for the divorce? I was told from a divorcee, to let him file for the divorce??? What is the reason for that statement???

Shortydowop


#16

Dear Shortydowop:

Generally, spousal support lasts for the duration ordered, despite the entry of a divorce judgment. The order should tell you how long the support is to be paid for.

You are mixing terminology, so let me help. Spousal support is broken down into two separate terms in court: post separation support and alimony. Post separation support is temporary support which is ordered to help the dependent spouse make it financially until an alimony trial can be had. Alimony is the final type of spousal support, and generally this is the portion of the case where all the fault comes out.

It does not matter who files for divorce first, since you have your support! Just have your attorney make sure that you have properly filed your claims for alimony and equitable distribution! Best of luck!

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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.


#17

What is expected when you go to court for spousal support action. Could you kinda give me some idea of the court room procedure for this?

Shortydowop