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 spousal support claims difficult to settle outside of court as well as risky to litigate.
Judicial District 18, which encompasses Chatham County and Orange County, is unique in North Carolina in that it has adopted its own local rules governing PSS, including a local form affidavit (District 15B local Form PSS-1) and a related worksheet (District 15B local Form PSS-2) for use in cases involving PSS claims. By agreement of the parties, or at the court’s direction, the PSS amount may be determined by submission of the PSS affidavits of the parties. The PSS worksheet contains a mathematical equation that produces a suggested amount of PSS. However, the equation is for guidance; the judge is not bound to accept or award the amount suggested by the worksheet.
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.