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 each party’s financial situation, including his or her income, expenses, earning ability, standard of living, and obligation to support others. PSS may be awarded based upon a relatively brief examination of the parties’ financial conditions rather than the broad and in-depth analysis that occurs when an alimony claim is being determined. In some situations, PSS payments may be in the form of payments made to third parties for the dependent spouse’s benefit. This is more likely to occur when the supporting spouse has account authority to pay such expenses, such as auto or health insurance or cell phone service.
In deciding whether to award post-separation support, and in deciding the amount of PSS to be awarded, the judge is required to consider marital misconduct by the dependent spouse that occurred during the marriage. When the judge considers such acts by the dependent spouse, the judge is also required to consider any marital misconduct by the supporting spouse.
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.
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Ms. Hopper was patient and detail oriented. ... Overall, the process was efficient, well-organized and painless. If you’re looking for someone to assist with your will and advance directives, we would highly recommend Hopper Cummings.
Seeing that Robert Cummings is going to be my opposing counsel in a family law case means that case is going to be fought fairly, efficiently, and intelligently, without expensive 'lawyer games' or undue delays. I have and will continue to refer cases to him.
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Robert Cummings represented a family member in a moving violation. He was responsive to all of my questions and very professional in explaining how the system worked and what needed to be done to help resolve the ticket with the best possible outcome. I would recommend his office and their services.
Robert and his team were amazing ... was successfully able to move the court date forward and have the ticket resolved and diligently e-mailed us all the confirmations as well. Thank you to his team and we would highly recommend them.
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Excellent Family Law Attorney.
Awesome lawyer worked hard to get the best outcome for me on a very complicated case. I would recommend Robert Cummings, he cared about my case and represented me very well. Would use him again.
Robert is an experienced, thoughtful and professional attorney. He exhibits the highest standards in his practice.
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Robert does a great job managing a large traffic law caseload yet representing each client zealously. He understands the local procedure for a large traffic caseload and navigates that system with ease.
Robert Cummings is an excellent attorney with a high level of integrity and compassion.