Temp Hearing and Separate Property


#1

I am waiting for my attorney to get a court date for a temporary hearing. How long does it take to get a temp hearing? How long does the Defendant have to respond to the Complaint? I am filing for spousal support, child support, Child custody and ED.
We have been married for 3 years but I became disabled during the marriage and have a 3 year old. How long is a reasonable time to get awarded spousal support?

For ED, I bought a home before we were married. I currently have the house on the market now and really need to sell it. Does he have a claim to my separate property and if so can the judge order that I be allow to sell the house during the temporary hearing since I can no longer afford the house? He also has a separate property before we were married.

which is calcuated first, spousal support or child support?
Is child support I already receive for my child from a previous marriage included as income for this child support case?
My daughter is attending private preschool and has been during the marriage. Can the tution be included as extra ordinary expenses? She also attends so I can attend physical therapy due to my disablity.


#2

Depending on the county it can take a month or maybe two before a temporary hearing will be held. The Defendant has 30 days to respond to the Complaint once served.

The rule of thumb for the length of support is usually half the length of the marriage, though the statues do not state a time line. Your disability will be a factor the court will consider in ruling on the term of alimony.

Your separate property will remain your separate property, and he has no interest in the same.

Child support is usually calculated first, and your child support you receive for another child is not income.

If the court determines private school is necessary and in the child’s best interest, it will be included in the extraordinary expenses.


#3

Harnett County timeframe?

I am confused because my real estate agent is telling me he needs to sign something where he doesn’t have any interest in the property. Maybe a free trade agreement or a Separate property form.

Once I sell my house, will the profit from the sell of the house be held into account when calculating child support and spousal support?


#4

I do not practice in Harnett County, but would assume that a hearing could be set within a month or two at the most.

Do not sign anything your real estate agent presents to you without first seeing a lawyer who practices family law.

If you sell a home that is your separate property the funds are yours and will not be held in account for purposes of support calculations.


#5

Ok my temp hearing is scheduled for May 10th but the Defendent(my husband) has not been served yet. How does this work?

The county has family hearings every Monday. If we have a hearing before the 30 days he has to response how does the court take into account his income and expenses? I have already filed my financial affivdalit with my attorney.
Must he be present at the hearing? Does he have to be served before the hearing can take place? I don’t think he has a lawyer yet.


#6

He must be served prior to the hearing, or the hearing will have to be continued, service is necessary for the hearing, but it can occur before he files a responsive pleading.

The hearing will only be to determine temporary custody. Financial disclosures will have to be exchanged before there can be a determination of support.


#7

But I don’t understand why the attorney won’t wait until the complaint was served to him before they scheduled a court date? Should everything in the complaint be addressed at one temporary hearing? So if he is not served, there will be another court date 30 days from the date of that court date? My complaint is for PSS, CS, custody interim distrubition and attorneys fees.

My attorney requested indefinite PSS? Since we were only married 3 years is that realistic? I do have a disability and my child is not school age yet but would I be more likely to get PSS half the length of the marriage? What is the timeframe I can expect PSS to last based on the length of our marriage, having a small child and being disabled?

We have already been separated for almost 6 months. Will the PSS only last 6 months or until divorce is filed? He was deployed for 3 months and that delayed me filing for any relief.


#8

It is not necessary that the Defendant be served prior to setting a court date, only that he be served prior to the actual date. Your attorney was likely trying to get a hearing set as soon as possible and setting hearings at the outset is the best way to accomplish this.

The only issues that will be addressed at the temporary hearing are those that have been noticed for hearing, likely temporary custody only.

If he is not served before the hearing, the court will continue the case to the next available date to allow for service, it need not be 30 days out.

Permanent spousal support is not likely given the short length of the marriage, your attorney requested indefinite PSS as a way to try and maximize the term of support. Every case is different and there are multitude of factors the court will consider when awarding spousal support. I cannot predict the length of support in any case.

PSS lasts until the parties are divorced, and support is awarded thereafter is is called alimony.