When It Comes To Your Family, Experience Is Critical.
There are five discrete legal issues that are commonly associated with divorce: (1) child custody, (2) child support, (3) post separation support, (4) alimony, and (5) equitable distribution of marital and divisible property and debts. Although the actual divorce must be granted by the court, you and your spouse can settle other issues related to your divorce outside of court.…
The use of social media during separation and divorce can have serious and unforeseen consequences. If you are going through a divorce, or are involved in any kind of legal dispute, one of the most important things you can do is limit your use of social media. Divorce lawyers have quickly learned that Facebook, LinkedIn, MySpace, personal blogs, and other…
There are many enforcement tools to help the parent who was ordered to receive child support but fails to receive such support from the other parent. Both the parent who is to receive child support and the parent who is ordered to pay child support should be aware of different enforcement mechanisms available. The parent receiving support, the obligee, needs…
A North Carolina Court with jurisdiction over a minor child has a statutory right to enter a child support order setting child support in an amount that would best meet the needs of the child. As such, a court has authority under certain circumstances to modify, or change, child support regardless of whether there is an existing court order that…
North Carolina law gives a judge authority to require one party to pay the other party’s attorney’s fees in family law matters that include claims for child custody, child support, post-separation support, and/or alimony. Typically an award of attorney’s fees is favored when there is a significant disparity in the incomes of the parties. The underlying objective is to require…
The obligation of parents to pay support for a disabled child is equal to any other child. North Carolina provides child support guidelines for determining the presumptive child support obligation in cases where the parents’ combined income does not exceed $300,000 per year. In high-income cases where the parents’ combined income exceeds the guidelines, or when a child has special…
The decision to appeal to trial judges should be given careful consideration. A party in a family law case – be it a child custody case, child support case, alimony case, or equitable distribution case – who believes the trial judge’s decision was mistaken or unsupported by law, may appeal that decision to the North Carolina Court of Appeals. In…
In North Carolina, child support is generally determined based upon the parties’ actual incomes at the time the child support order is entered. However, there are circumstances when a judge can determine a child support obligation based on a party’s potential income rather than their actual income. If a judge finds that a party is deliberately suppressing his or her…
One of the challenging issues that divorcing couples are likely to face is what to do with their marital home. Often, the equity in the marital home represents one of the largest marital assets. In most situations, there are only two options for dealing with the marital home as part of the division of marital assets and debts: (1) the…
It is fairly common for parents to establish and fund financial accounts in the name of their minor child. Often this is done in anticipation of the child’s college education expenses, to create savings for the child, or for estate planning purposes. Depending on the type of account, the age of the child, and the purpose for which the account…