Union County Spousal Support
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Spousal Support in Union County is determined in two different hearings. The first hearing is for post-separation support (PSS) and lasts for a maximum of one hour. At this hearing the Judge will hear from the parties and any witnesses each party calls during that time, but much of the decision is based on the financial affidavits of each party. The PSS ruling is usually a temporary order or stop gap establishing a monthly amount to be paid until the alimony hearing.
The alimony hearing is establishes a permanent order directing how much alimony must be paid each month and when alimony terminates. This hearing has no time restrictions as does the PSS hearing. |
POST-SEPARATION SUPPORT AND ALIMONY
7.1 Pleadings for Postseparation Support and Alimony. All pleadings for establishment or modification postseparation support and for establishment or modification of alimony must be filed with a completed Financial Affidavit (Form #8A). The moving party shall serve upon the opposing party or counsel the party’s completed Financial Affidavit with the pleading.
The opposing party or attorney shall file and serve upon the moving party the completed Financial Affidavit within 30 days of service of the moving party’s Financial Affidavit, or with the Answer, Counterclaim, or other responsive pleading, within the time allowed by the North Carolina Rules of Civil Procedure.
Either party may elect to file and serve upon the other party or attorney the completed Employer Wage Affidavit no later than ten (10) calendar days before the scheduled Court date.
Both Plaintiff and Defendant shall file an amended financial affidavit, if any information has substantially changed and must give the opposing party (BUT NOT THE COURT) the documents listed under Post Separation Support and Alimony Cases in Form #8A on or before 5:00 p.m. no later than ten (10) calendar days before the scheduled Court date.
7.2 Admission of Employer Wage Affidavit. The receiving party shall notify the submitting party within 10 days, or within one business day of receipt if the hearing is scheduled sooner than 10 days, if there is any objection to the Employer Wage Affidavit being admitted into evidence without the employer being present at the hearing to testify. Unless the submitting party is notified of the objection, the Employer Wage Affidavit may be admitted into evidence at the hearing without the employer present.
7.3 Case Coordinator. The Case Coordinator shall set the issue of Postseparation Support for hearing upon a filing of the pleading for Postseparation Support or as soon as possible after the filing of a Request for Setting by the moving party.
7.4 Case Coordinator. The Case Coordinator shall set Alimony issues for a status conference upon a filing of the pleading for Alimony or as soon as possible after the filing of a Request for Setting by the moving party.
The opposing party or attorney shall file and serve upon the moving party the completed Financial Affidavit within 30 days of service of the moving party’s Financial Affidavit, or with the Answer, Counterclaim, or other responsive pleading, within the time allowed by the North Carolina Rules of Civil Procedure.
Either party may elect to file and serve upon the other party or attorney the completed Employer Wage Affidavit no later than ten (10) calendar days before the scheduled Court date.
Both Plaintiff and Defendant shall file an amended financial affidavit, if any information has substantially changed and must give the opposing party (BUT NOT THE COURT) the documents listed under Post Separation Support and Alimony Cases in Form #8A on or before 5:00 p.m. no later than ten (10) calendar days before the scheduled Court date.
7.2 Admission of Employer Wage Affidavit. The receiving party shall notify the submitting party within 10 days, or within one business day of receipt if the hearing is scheduled sooner than 10 days, if there is any objection to the Employer Wage Affidavit being admitted into evidence without the employer being present at the hearing to testify. Unless the submitting party is notified of the objection, the Employer Wage Affidavit may be admitted into evidence at the hearing without the employer present.
7.3 Case Coordinator. The Case Coordinator shall set the issue of Postseparation Support for hearing upon a filing of the pleading for Postseparation Support or as soon as possible after the filing of a Request for Setting by the moving party.
7.4 Case Coordinator. The Case Coordinator shall set Alimony issues for a status conference upon a filing of the pleading for Alimony or as soon as possible after the filing of a Request for Setting by the moving party.
