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Disposition of a Postseparation Support Claim

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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.

Client and Peer Reviews

Another Happy Client

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.

Peer Comment

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.

Another Happy Client

My family has used Hopper Cummings for estate planning and wills as well as occasional legal advice. The process was always efficient, respectful, and individualized to our specific needs. This is the benefit of a local firm -- I highly recommend them for any civil law needs!

Peer Comment

I refer all family law matters to Robert Cummings because I have confidence in the way he interacts with clients.

Another Happy Client

My husband and I worked with Marie Cummings and her team to complete our estate planning. This is not an easy task for anyone, and we so appreciated Marie's experience, expertise, patience, and support. ... We are happy to offer a wholehearted recommendation for Marie and her colleagues.

Another Happy Client

I came to Mr. Cummings during the most difficult time of my life.  He helped me navigate the divorce process in a no-nonsense way.  ... His voice of reason helped me to stay calm and focused on the task at hand.  I highly recommend Mr. Cummings to anyone in my position.

Peer Comment

Robert Cummings provides a firm, steady and calming approach to custody issues.

Peer Comment

Robert is a highly effective attorney. I have referred several people to him and have heard nothing but positive experiences. He understands the law and cares about his clients.

Another Happy Client

We have worked with Hopper Cummings on several occasions, from estate planning to starting a 501(c)(4). They are welcoming and responsive. They explain things in easy-to-understand terms and set reasonable expectations. We highly recommend Hopper Cummings!

Another Happy Client

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. 

Another Happy Client

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.

 

Peer Comment

Robert understands traffic law and he is a very effective advocate for his clients. I have referred several clients to Robert and he always does a great job.

Another Happy Client

They made it easy and effortless for dealing with traffic court! I appreciate you all. Great communication too.

 

Another Happy Client

Great experience!  I received my first moving violation in about 20 yrs ....  called Hopper Cummings for assistance.  The process from first contact to resolution went smoothly. Highly recommend!

 

Peer Comment

Excellent Family Law Attorney.

Another Happy Client

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.

 

Peer Comment

Robert is an experienced, thoughtful and professional attorney. He exhibits the highest standards in his practice.

Another Happy Client

Robert was quick to return my call, even on a day he was in court.  He was knowledgeable and friendly as was his staff.  His honesty and hard work is definitely an asset.

 

Peer Comment

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.

Peer Comment

Robert Cummings is an excellent attorney with a high level of integrity and compassion.

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