Temp custody, child support and pss hearings


#1

At what point do I bring up the my serious concerns about the person my STBX is living with. Is it at the temporary hearings or the final ones? Thanks!


#2

You should bring up your concerns in the temporary hearing. It would not be wise to wait until the final/permanent hearings.

The judge will want to hear any evidence that could affect the safety and wellbeing of the minor children at the temporary hearing and at the permanent hearing.


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.


#3

Am I under any legal requirement to let them know what evidence I will be presenting? Are texts and emails admissible? What if he tries to “minimize” his income and “maximize” his expenses…can that be challenged?


#4

Any evidence you intend to submit you should provide to the opposing party beforehand. You do not want to be in a situation where you present evidence at the hearing and then because of the volume or complexity of it, the other side moves for a continuance because they have not had sufficient time to evaluate the evidence. Note that if you have a subpoena issued for witness testimony, you will need to serve by mail or fax that subpoena on the other side.

Texts and emails are admissible. You will need to make sure that you can prove as best as possible who actually typed the email and text. You can do this by testifying that the particular email address or particular telephone number is one that you have always associated with a certain person.

You can challenge the other party’s income and expenses by cross examination of the other party and by any proof of your own that is contrary.


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.


#5

I will be representing myself pro se, as I imagine he will too. Am I allowed to, or is it advisable to request a particular amount of PSS, and at what point do I do so?


#6

You can make an offer to him prior to the court date in an attempt to settle issues before a judge hears them. This is acceptable and common. You can do that at any time.


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.


#7

I’m sorry, I just realized I didn’t word that clearly. My STBX feels he shouldn’t pay any PSS. What I meant to ask was is it okay to request a certain amount from the judge? Also, is there any particular form to fill out for the PSS other than the Financial Affidavit. And thank you so much for amswering my questions. I really do appreciate it.


#8

Yes, you can testify to an amount that you think is fair and reasonable and would meet your needs. There are no other forms to fill out for PSS other than the financial affidavit.


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.


#9

So if I were to use your alimony calculator as a base amount, it is already a gross amount, correct? Is marital misconduct a factor in PSS awards? On the second page of the financial affidavit where things like Christmas or birthdays are listed, is that broken down to a monthly amount? Last question, as I understand it, we will have one visit with the judge to cover Temp Custody, Temp CS and PSS. is there a particular order those are usually handled in? I am trying to go over every possible scenario and objection my STBX could raise.

Just thought of one more thing. If STBX is cohabitating with someone, is it taken into account that they split bills when determining his ability to pay?


#10

Yes, our alimony calculator allows you to calculate possible alimony using gross income. Keep in mind that ability to pay alimony is considered with net income, or after taxes have been deducted.

Marital misconduct is considered in PSS.

Generally financial affidavits require monthly expenses to be listed. If an expense is not monthly (for example, Christmas or birthdays), calculate how much you probably spend in a year on such expenses, and then divide by 12 months.

For hearings on temporary issues, like temporary custody, temporary child support, and PSS, the judge will generally hear all three issues at the same time. So when you testify, you will want to make sure you present all of your evidence for all three issues at one time.

If your spouse is living with someone else, then yes, this could affect his ability to pay PSS and alimony. It will not affect his child support obligation.


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.