Can temporary child support, temporary custody and PSS all be included in one motion? I am hoping to get them all heard in one day. Also, do separate orders have to be written for each?
Temporary child support, temporary custody and PSS can all be calendared for hearing on the same day. You would need one notice of hearing for all three. No motion is required if all of these claims were asked for in the complaint.
One court order can address each of the three issues. There is no need for three separate court orders.
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.
All of the claims were asked for in the complaint I am about to file. I know there is a 30 day response time for the complaint, but that I can get temporary issues heard sooner. How do I go about scheduling them with the court? Is there a specific form I need other than getting the Notice of Hearing filled out and served? Also, I since PSS is one of the issues to be calendared, I know I need to provide the defendant with a blank copy of a Financial Affidavit and provide a copy of my own. I will send the blank one with the complaint, but when do I need to provide mine to him by, and when does he have to provide his to me? I want to be able to look it over before the hearing. Thanks for you help.
The answer to your questions depends largely on what county you are filing in and the local rules for that county. Check with the clerk’s office in your county about local rules.
For example, in Wake County, you must also file along with the complaint an Affidavit of Judicial Assignment and Notice of Hearing. This assigns a judge to your case and automatically schedules court dates for the temporary issues. Note that not all counties schedule court dates in this way.
In regards to the financial affidavit, Wake County for example requires that the plaintiff (the person filing the complaint) serve their financial affidavit and supporting documentation on the defendant within 30 days of filing the claim, and the defendant is required to serve their financial affidavit within 45 days after the defendant is served with the claim, but in no event shall either party serve their financial affidavits less than 15 days before a hearing date.
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.