North Carolina Divorce Lawyers Blog

Articles Tagged with post separation support

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BROSNAN V. CRAMER, 2023-NCCOA-______ (2023). 

  1. Facts: The facts here are simple. Plaintiff and Defendant married in 2008. After years of marriage, Plaintiff filed claims for alimony, child custody, child support, equitable distribution, post separation support (PSS), and attorney fees on October 15, 2020. Defendant filed his response on January 20, 2021. Plaintiff filed her reply on March 15, 2021. Then Plaintiff filed a voluntary dismissal of her pending PSS claim on April 8, 2021. She dismissed her PSS claim without prejudice. Then in a separate lawsuit, Defendant filed a complaint for divorce on April 19, 2021. Plaintiff accepted service of that complaint and did not file any answer to the divorce complaint. As such, Defendant moved for summary judgment and a divorce was granted on June 9, 2021. A mere 20 days later, Plaintiff sought to resurrect her dismissed PSS claim by filing a motion in the cause. Defendant filed a motion to dismiss. Trial court denied the motion to dismiss and ordered Defendant pay PSS. Defendant appeals. 

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Say that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow. It can take some time for your case to be reached. When it is, how should the court treat those payments you made? Were they gifts, or were they something the court ought to consider in equitable distribution? Continue reading →

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Let’s suppose that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow and it can take some time for the court to reach your case. When it does, how should the court treat those payments you made? Were they gifts, or were they something the court ought to consider in equitable distribution? Continue reading →

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Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress. For a few weeks, we will look at the steps of a family law case prior to a hearing.

Part 2:  The Complaint Continue reading →