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Video instructions and help with filling out and completing Nc separation agreement with custody
Instructions and Help about Nc separation agreement with custody
Music Music hi my name is Brittany Hall and I'm an attorney with Cape Fear family law I'm going to talk to you today about what we call post-separation support so you might be wondering what exactly is post-separation support well post-separation support is sort of a temporary form of alimony you can find post-separation support in the north carolina general statutes chapter fifty - sixteen whose spouse is actually dependent on them for money for financial reasons for maintenance for any type of support a dependent spouse is actually the spouse who is financially dependent on their supporting spouse so once the court determines if there is a supporting spouse and a dependent spouse then the court can determine if it can award post-separation support the court determines if someone will have to pay post-separation support by looking at their finances so basically both spouses will fill out a form we call it a financial affidavit but really what it is is just a budget form and you put on there all of your income and then you put on there all of your expenses and the court reviews that and at the end of the day if the supporting spouse has a surplus at the end of the month based on what he or she makes and what he or she has to spend and if the dependent spouse has a negative at the end of the month and is in need of more money to pay for their reasonable expenses then the court can order post-separation support so what it really boils down to is does the dependent spouse need the money and does the supporting spouse have the ability to pay it if the supporting spouse just does not have the ability to pay then the court cannot order post-separation support another thing to keep in mind is that even if the supporting spouse does not have the ability to pay based on what we see on their financial affidavit the court can still order them to pay if they have the ability to earn more income than the dependent spouse in the long run so if they have more of an education or they have the ability to go and get a better job than the dependent spouse or if they have assets that they can liquidate then the court can order them to pay even if it puts them in a deficit so that's just something you might want to think about it's not always the husband that pays those separation support it could certainly be the wife if she is determined to be the supporting spouse of the marriage what you need to do to get post-operation support is to file a claim with the court so you would do that by first hiring an attorney and going over all of your financial assets with that attorney at that time if the attorney determines that you are entitled to post-separation support then.