Looking for a spousal support attorney in Fayetteville NC, before you proceed in the procedures you should know the different types of spousal support, read on below!
In North Carolina there are two types of spousal support. The first is Post Separation Support. Post Separation Support is temporary support that is paid for either 18 months or until the entry of the divorce. For an award of post separation support, the Court must first determine if one party is a supporting spouse and if the other party is a dependent spouse.
Post Separation Support
The supporting spouse is typically the one who pays support, and the dependent spouse receives the payment. The amount of Post Separation Support awarded is determined by examining the party’s net incomes and then calculating each party’s shortfall or windfall.
Court Considers Several Things
The Court will look at the shortfall of the dependent spouse and determine what amount the supporting spouse will pay in support. Alimony is similar to Post Separation Support in many ways. However, the Alimony determination is much more complicated. First of all, a party may ask for a jury trial to determine fault in the case.
The parties must establish a dependent and a supporting spouse. Once this happens, the Court considers several things. Such things include, but are not limited to:
a. Income of the Parties
b. Fault for either spouse
c. Age of the Parties
d. Physical Condition of the Parties
e. Education of the Parties
The Court Can Make A Permanent Award Of Alimony
Alimony can be awarded for a number of months or even years. In some cases, the Court can make a permanent award of Alimony. However, if the dependent spouse has had an extramarital affair, there is a strong chance that he or she will be barred from receiving alimony.
It is very important that you have knowledgeable and sly legal representation for this type of claim. The attorneys of Johnson Law pride themselves in being zealous advocates for their clients, who are faced with decisions about spousal support litigation.