After 3 continuances, I have a peremptory hearing on the 28th. I still feel unprepared. We will be hearing PSS, Temp Child Support and maybe Temp Custody. So what order will everything typically go in? There will only be myself, my stbx, and my daughter testifying. Also, I submitted my Financial Affidavit to the court and the defendant’s attorney, but they have submitted nothing to me. I need a Financial Affidavit and paycheck stubs/tax records from them. How do I get these?
And moving forward, is it hard to get more in alimony than what you got for PSS? Especially since his drug use, etc. will be brought up. How much am I allowed to bring up at the PSS hearing?
You, as the plaintiff, will get to choose in what order you present the evidence. You may want to consider starting with the custody portion and ending with the financial portion, but there is no specific order you must follow and it is ultimately up to you. For testimony, you should testify first and then follow with any of your other witnesses. For custody cases, the judge wants to hear primarily from the parent, which is why I suggest you testify first.
You will likely receive the defendant’s financial affidavit and accompanying documentation the week before your court date. Some counties have local rules that state when financial affidavits are due, and the parties must comply with those rules. Stay in contact with the defendant’s attorney about obtaining the documents you need.
Alimony can be different than a PSS award. An alimony award could be higher than a PSS award if for example, you were able to prove fault in an alimony hearing or the supporting spouse’s ability to pay had increased. You should ask for the maximum at the PSS hearing that you need as the dependent spouse and that the supporting spouse has the ability to pay. You should present evidence that applies to all the PSS factors that the judge must consider.
For a list of the PSS factors and more detailed information about PSS, check out our article What is Postseparation Support and How Do I Get It?
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.
I submitted my Financial Affidavit voluntarily as I knew it was required. So I guess I need to send a request for the Defendant’s, is that correct? Also, I want his 2016, 2017 W2s and his last 4 paycheck stubs. Is that reasonable? Do I send a particular form at all? Do I send it with a date to have them by and do I send it to just the lawyer or to the defendant or both, and does the court get a copy of my request?
And I am correct that fault is not brought up until the alimony hearing, right? That is how I will tryto get sn increase. I am also considering doing temporary custody as a separate hearing, since I would like to get his medical records first. Or is that something that I can only get for the permanent custody hearing?
You can ask the defendant’s attorney directly for the financial documentation that you need. 2016 W-2 and the last few months worth of paycheck stubs are all reasonable for a PSS and/or child support hearing. 2017 W-2s will not have been released yet. There is no form to use, and the court does not need a copy. Include in your request a deadline date for them to produce the documents.
Fault is not considered in PSS hearings, but it is in alimony hearings. Custody can be a separate hearing date unless your case is calendared for all the issues on the same day. You can produce medical records at a temporary custody 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.
Thanks for the quick reply. I had meant to say tax years 2015, 2016. How do I acquire his medical records? They contain information about both his addiction issues and his treatment for depression and anger management issues. I would like to have that before the temporary custody hearing. I am afraid if I don’t, that I will not be able to show any change in circumstance between the temporary hearing and the permanent one. Also, if he is cohabitating, can I get his girlfriend’s records, both financial and medical? She also has a drug history and I know they have a joint checking account. I could use the account to help impeach him on the stand since he denied living together.
One last thing, can I request to have the documents by the twenty-fifth? He will only have about a week to get them to me.
2015 and 2016 are reasonable.
You will not be able to obtain his medical records without his voluntary production at this time. For your permanent hearing, if you conduct discovery, you can submit a Request for Production of Documents and ask for the medical records that way.
You will not be able to get his girlfriend’s records since she is not a party to the case. However, you can obtain her criminal record as this is public information. You can also get statements for their joint checking account since your husband is a title owner of the bank account (this is a common request in financial cases).
You can request to have the information that you need by the 25th.
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.
Trying to get this all sorted in my head. I only wound up noticing temp child support and pss for this hearing. I will save temp custody for a later date. So, we will both make opening statements, I will testify, then my child if the judge allows, then I call my stbx to the stand. Does the lawyer get to cross examine after each of us, or does he wait until his turn. Also, do I get a chance to rebut other than my closing? And if his lawyer chooses not to send me the documents I requested, what do I do? It looks as though he has 30 days to reply in the NCGS and he is definitely NOT going to help me out.
Your order of testimony is correct. Your husband’s lawyer will have a chance to cross examine each witness you call (including yourself) at the end of each witness’ testimony.
At the end of your husband’s case in chief (when they have finished calling all of your witnesses), you will have a change to re-call a witness as rebuttal testimony. Otherwise, you will have a chance to persuade the judge during your closing argument.
If you do not have the financial documents that you need, you can ask the judge for a continuance in order to get these documents from him. Otherwise, you can ask your husband about the information that you need while he is on the witness stand.
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.
I apologize for my confusion on this order of testimony thing. I guess what I think happens is I testify, his lawyer crosses me, and I get to rebut by testifying again myself. As for my STBXs testimony, if I call him to the stand, I ask my questions, his attorney gets to ask, and I don’t get to ask again. But if I don’t call him, his attorney will unlikely call him to testify.
On a separate note, if this hearing is for temp child support and pss, can I use his original answer to go ahead and impeach his testimony now, to show a precedent or predisposition for lying, or is it best to wait. The portion of his answer I would use to impeach is only somewhat related to the pss or tcs.
Thanks
You are correct about the order of testimony. Your husband will likely testify if you do not call him. In a family law case the defendant will almost always present evidence and testify.
You can use his answer to impeach his testimony/credibility as long as it is related to the issues being heard.
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.