Rule 8 - POSTSEPARATION SUPPORT AND ALIMONY8.1.Postseparation Support Upon written request by a party, the FCO shall schedule a hearing on postseparation support within the time established in Rule 1.7 above. The time limits for a disposition of postseparation support claims are set forth in Rule 1.7 above. Not less than fourteen (14) days prior to the hearing date, the parties or their counsel shall exchange by electronic transmission, facsimile transmission, or hand-delivery, their respective Financial Affidavits (Form #4, See attached Appendix of Forms) concerning postseparation support. Each party or their counsel shall file with the Clerk a Certificate of Service showing the timely service and exchange of their Financial Affidavit with the opposing party or counsel. The served Financial Affidavit shall be accompanied by all available documents utilized to calculate the average expenses for each line item, with the documents segregated and identified by each line item showing how the calculation was made for purposes of the Affidavit. If credit card statements are used to calculate average expenses, then the charges utilized for each line item of listed expenses must be identified clearly in a form sufficient to show the exact charges corresponding to the relevant line-item expense on the Affidavit. Any line-item expense on the Affidavit which represents an estimate as opposed to an actual average expense made with supporting documentation must be identified as an estimate on the Affidavit.
Unless the Court orders otherwise, each party shall have a total of ninety (90) minutes to present their entire case, including opening statements, direct and cross examination, rebuttals, and closing arguments. Time for review of Affidavits or evidence by the Court shall not be assessed against either party's allocated time.
If at the postseparation support hearing both parties and the presiding Judge agree, the parties may proceed with a hearing for the establishment of an order for alimony.
8.2.Initial Mandatory Disclosures for Postseparation Support and Alimony. Each party to an action for postseparation support or alimony has the duty to produce and serve on the other party or counsel the following documents as designated in this Rule. Within thirty (30) days from filing of the claim by pleading or motion requesting postseparation support or alimony, the requesting party shall serve the opposing party or counsel with the mandatory disclosure documents and shall file with the Clerk a Notice and Certification of Initial Mandatory Disclosures (Form #7, See attached Appendix of Forms). Within fifteen (15) days from service by the moving party of the mandatory disclosure documents, the opposing party/counsel shall serve on the requesting party or counsel their mandatory disclosure documents and shall file with the Clerk the Notice and Certification of Mandatory Disclosures (Form #7, See attached Appendix of Forms). Each party or counsel shall provide additional supplemental and updated mandatory disclosure documents no later than fourteen (14) days prior to any hearing concerning postseparation support or alimony. The mandatory disclosure documents shall include the following: 1. Income tax returns for the two (2) years immediately preceding the filing of the action, W-2 and K-l forms, and all schedules, attachments, 1099 statements, and any other documents evidencing income;2. Pay stubs/earning statements for the twelve (12) months immediately preceding the mandatory disclosure date;3. All documents evidencing "income'' for the twelve (12) months immediately preceding the mandatory disclosure date. This disclosure includes but is not limited to income from salaries, wages, commissions, bonuses, profit-sharing, in-kind payments of benefits (e.g., car allowance, per diems, etc.), recurring gifts, ownership or operation of a business, partnership, or corporation, VA disability, social security benefits, workers' compensation benefits, unemployment insurance benefits, disability pay and insurance benefits, and alimony or maintenance received from persons other than a party to the instant action;4. Individual and Business Bank Statements (either online or standard monthly statements) for the twenty-four (24) months immediately preceding the mandatory disclosure date, including canceled checks, check registers, and general ledgers for all months after the filing of the action;5. Credit card statements for the twenty-four (24) months immediately preceding the mandatory disclosure date for any credit card for which the party is an authorized user and for all months after the filing of the actions; and,6. Business tax returns for the two (2) years prior to the filing of the action, including K-l forms and all attachments and schedules, and all quarterly and yearend financial statements, including profit and loss statements and balance sheets.8.3.Alimony. The time limits for disposition of alimony claims are set forth in Rule 1.7 above.8.4.Appointment of Mediator/Family Financial Mediation of Alimony. Within forty-five (45) days after the filing of the initial claim for alimony, the parties and/or counsel for the parties shall confer and designate a certified family financial mediator to mediate the issue of alimony. This Designation of Mediator form (Form #13, See attached Appendix of Forms) shall be submitted to FCO for entry by the Court and shall be filed with the Clerk. If the parties and/or counsel cannot agree on a mediator they shall advise FCO, and the Court shall then enter an Order appointing the mediator. FCO shall serve a copy of the appointment on the parties or their counsel and shall file the original with the Clerk. No scheduling conference shall be required for the sole purpose of designating or appointing a mediator. Nothing herein shall prevent the earlier appointment of a family financial mediator by consent of the parties or their counsel. The mediation shall be completed within two hundred ten (210) days of the service of the initial alimony claim.8.5.Informal Scheduling and Discovery Conference. Within sixty (60) days after the filing of a claim for alimony, the parties or their respective counsel shall meet together in a private informal conference for purposes of agreeing on the dates for exchanging documents, establishing a discovery schedule, scheduling any necessary hearings within the prescribed time limit, and/or any scheduling any mandatory pretrial or scheduling conferences with the Court. The party or counsel seeking alimony shall be responsible for establishing this conference with the other party or counsel. In the event the parties reach a scheduling and discovery agreement on all or some matters, they shall submit the same to FCO in the form of a Consent Order to be entered by the Court. In the event no agreement is reached, then the parties shall comply with the prescribed time limits for scheduling of mandatory pretrial scheduling and discovery conferences and entry of Pretrial Orders. The issues to be resolved at the conference shall include, but not be limited to, the dates to produce requested financial documents and information in addition to the Initial Mandatory Disclosures referenced above, dates for the exchange of Financial Affidavits and supporting documents, selection of a mediator and a mediation deadline, a Pretrial Order scheduling conference, and hearing/trial dates, consistent with the time frames set forth in Rule 1.7. In the event that the parties are unable to agree on a discovery and scheduling plan (Form #8, See attached Appendix of Forms) or the assigned Judge does not approve the plan, then the FCO shall schedule a meeting with counsel and/or unrepresented parties and the assigned Judge to address all scheduling and discovery matter and for the entry of an appropriate scheduling Order.8.6. Mandatory Pretrial Conference and Order. The parties and/or counsel shall confer and cooperate for the purpose of completing a final Pretrial Order for Alimony. No less than forty-five (45) days prior to the hearing on alimony, the party requesting alimony shall prepare and serve on the opposing party a proposed Pretrial Order. Within fifteen (15) days of receipt of the proposed Pretrial Order, the responding party shall prepare and serve all requested additions or objections to the proposed Pretrial Order. Counsel and/or the parties shall then schedule a final pretrial conference with the Court for entry of the Pretrial Order and to confirm the trial date.8.7.Motions for Modification of Alimony. The provisions of this Rule shall apply to all motions to modify alimony.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 8
Adopted January 4, 2023, effective 2/1/2023.