Should I set my expectations LOW or HIGH?

[MaybeBaby]

What is the name of your state (only U.S. law)? NC

My STBX has 2 (possibly 3) vehicles and I currently have none.

I have asked for 1 of these vehicles in the settlement since I am the custiodial parent and the dependent spouse. He agreed but insisted I take over the payments.

I declined this offer and opted to roll the dice in front of a judge since NC law usually guarantees alimony when the supporting spouse commits adultery.
I was already given PSS because of the income disparity, and that was before the adultery issue was even brought up, so I am wondering if it sounds like I have a good case to get what it is that I want.

Opinions please, and thank you.

 

[MaybeBaby]

One more question- if I have the license plate number of one of these cars- is there anyway I can find out who the owner is? I have a feeling he won't include his newest car on the distribution form.

 

[mistoffolees]

What is the name of your state (only U.S. law)? NC

My STBX has 2 (possibly 3) vehicles and I currently have none.

I have asked for 1 of these vehicles in the settlement since I am the custiodial parent and the dependent spouse. He agreed but insisted I take over the payments.

I declined this offer and opted to roll the dice in front of a judge since NC law usually guarantees alimony when the supporting spouse commits adultery.
I was already given PSS because of the income disparity, and that was before the adultery issue was even brought up, so I am wondering if it sounds like I have a good case to get what it is that I want.

Opinions please, and thank you.

If you get a car, you will probably have to take over the payments. That's a property division issue, not a support issue. You really want to keep the two separate at least until you figure out what you're entitled to. If you later want to trade one off against the other, it helps to have a reasonable starting point.

Remember that you have to be able to prove adultery. Do you have proof that will stand up in court?

PSS and Alimony are quite different. Getting PSS without the adultery issue coming up really doesn't say much one way or the other about whether you'll get alimony.

 

[nextwife]

What is the name of your state (only U.S. law)? NC

My STBX has 2 (possibly 3) vehicles and I currently have none.

I have asked for 1 of these vehicles in the settlement since I am the custiodial parent and the dependent spouse. He agreed but insisted I take over the payments.

Did he BRING any of these vehicles to the marriage? If so, were they free and clear? Because you do NOT have marital rights to owned assets he may have brought to the marriage,.

 

[MaybeBaby]

All vehicles were purchased during the marriage, not before.

 

[MaybeBaby]

If you get a car, you will probably have to take over the payments. That's a property division issue, not a support issue. You really want to keep the two separate at least until you figure out what you're entitled to. If you later want to trade one off against the other, it helps to have a reasonable starting point.

Remember that you have to be able to prove adultery. Do you have proof that will stand up in court?

PSS and Alimony are quite different. Getting PSS without the adultery issue coming up really doesn't say much one way or the other about whether you'll get alimony.

Thank you. Yes I can prove the adultery, he has another child that I did not give birth to. Hard to get more concrete proof than that right?

 

[Ohiogal]

Thank you. Yes I can prove the adultery, he has another child that I did not give birth to. Hard to get more concrete proof than that right?

Still doesn't GUARANTEE alimony. You sound like you have a better than average chance but it will most likely be short term. And it may not be any more than the PSS. You will need to realize you will be paying the car payments for the car you are awarded. So make sure the car you get you can afford to pay for (and refinance).

 

[mistoffolees]

Still doesn't GUARANTEE alimony. You sound like you have a better than average chance but it will most likely be short term. And it may not be any more than the PSS. You will need to realize you will be paying the car payments for the car you are awarded. So make sure the car you get you can afford to pay for (and refinance).

Interestingly, as I read the NC laws, it DOES guarantee alimony. C statutes say that if you're a potential alimony recipient and commit adultery (and this is proven), you don't receive alimony. If you are commit adultery and would otherwise be a potential payor, then alimony is automatic. Seems a bit odd, but that's the way it reads.

Of course, that might mean $1 per month, so she still needs to be able to support herself.

 

[MaybeBaby]

^^Correct. I guess it isn't something common in most other states?

It is unlikely I'll be able to refinance it by myself, so I guess I'll just keep my optons open. Thank you.

 

[mistoffolees]

^^Correct. I guess it isn't something common in most other states?

No. In most other states, alimony is still very unlikely for short term marriages (CA being the other major exception). In many states, adultery has absolutely no bearing at all on alimony. I don't know of any other state where alimony is mandated in the case of adultery.

 

[LdiJ]

No. In most other states, alimony is still very unlikely for short term marriages (CA being the other major exception). In many states, adultery has absolutely no bearing at all on alimony. I don't know of any other state where alimony is mandated in the case of adultery.

Heck...cohabitation is illegal in NC too..and its often ENFORCED and in situations other than divorces or child custody.