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Disposition of a Postseparation Support Claim
A party’s PSS claim is determined before the merits of his or her actual alimony claim are adjudicated. Consequently, the threshold for a spouse to be awarded PSS is much lower than alimony. Finances are usually at the forefront of a PSS claim. In determining whether a spouse should be awarded PSS, a judge will consider…
How are Post Separation Support and Alimony Calculated?
Unlike some other states, North Carolina does not have a statewide specific formula or mathematical guidelines that can be used to calculate PSS and alimony. North Carolina law affords judges broad discretion in determining PSS and alimony claims. This broad discretion leads to inconsistency and a wide discrepancy in spousal support awards. It also makes…
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…
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