Court Hearings in North Carolina

Postseparation support

Under G.S. 50-16.2A, either party in a Chapter 50 action may move for postseparation support. The request needs a verified pleading, verified motion, or affidavit setting out the facts behind it. The court bases its award on the financial needs of the parties. It weighs their accustomed standard of living, current income and earning ability, marital and separate debt obligations, reasonably necessary expenses, and each party's other legal support obligations.

A dependent spouse is entitled to postseparation support if the court finds their resources are inadequate to meet reasonable needs. The other spouse must also have the ability to pay. At a postseparation support hearing, the judge also considers marital misconduct occurring before or on the date of separation, for either spouse. This affects whether the judge awards support and how much.

Temporary custody motions

G.S. 50-13.5 governs the procedure for custody and support actions involving minor children. This includes motions made within a pending divorce, annulment, or alimony case. A motion for support of a minor child generally requires 10 days' notice to the other parties. A motion for custody also requires 10 days' notice, plus compliance with the state's UCCJEA jurisdiction provisions. The court can enter temporary custody and support orders even before service or notice is complete, if the circumstances of the case make it appropriate. This applies once the court has jurisdiction over the child.

Limits on ex parte custody orders

A temporary custody order that changes a child's living arrangements cannot be entered ex parte, before service or notice. There is one exception. The court must find the child faces a substantial risk of bodily injury or sexual abuse, or a substantial risk of being abducted or removed from North Carolina to evade the court's jurisdiction. A temporary custody order may require a law enforcement officer to take physical custody of a child. In that case, it must come with the specific warrant procedure the state's child custody jurisdiction law requires.

Where cases are heard and venue

Custody and support actions can be filed in the county where the child resides or is physically present, or in a county where a parent resides. If a divorce, annulment, or alimony case is already pending in North Carolina, any custody and support matter for the couple's children must be joined with that case. Otherwise, it must be brought by motion within it. It cannot be a separate filing, until the existing case reaches final judgment. Once a district court with jurisdiction is established, custody and support matters are heard without a jury by a district court judge. The law specifically allows these matters to be heard at any time.

What a hearing typically involves

At a postseparation support or temporary custody hearing, the judge reviews the moving party's affidavit or verified pleading. The judge also reviews any response, and relevant financial or custody information, before ruling. North Carolina allows custody and support matters to be heard flexibly, rather than on a fixed civil calendar. Because of that, timing depends heavily on the district and the judge's availability. Self-represented parties can find general procedural information on separation and divorce through the North Carolina Judicial Branch's help topics.