How Is a Dependent Spouse’s Financial Need Assessed?
Financial affidavits are court forms that are used in conjunction with spousal support claims. When a party files an action that includes claims for PSS and/or alimony, both parties involved in the action must usually complete and file with the court a financial affidavit itemizing his/her respective monthly income, deductions, and expenses. This financial affidavit provides the basis for the court to evaluate each party’s financial condition. The difference between a dependent spouse’s monthly income and expenses is generally an indication of the amount of spousal support that is being sought. On the other hand, the resulting difference between the supporting spouse’s monthly income and expenses is indicative of the amount of spousal support that he or she may be able to pay. It is within a judge’s discretion to determine whether a party’s expenses are reasonable and necessary, and a judge is not required to accept at face value the figures asserted by the parties.
Court forms and local rules specific to each county in North Carolina can be found online at NCcourts.gov.
Whether you are pursuing a claim for spousal support or defending against one, it is imperative that your financial affidavit be completed accurately to ensure that decisions regarding spousal support are fair to both parties.
If you are a dependent spouse seeking support, or a supporting spouse defending against a claim for spousal support, the family law attorneys at Hopper Cummings can help. We can provide you with a candid assessment of the merits of your case, discuss options that are available, and ensure that your legal rights and interests are protected. We are committed to achieving client satisfaction through effective advocacy, and prompt and personalized client service.
Call us today at 919-533-4115, or complete our online form for a confidential consultation with one of our family law attorneys.