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Articles Posted in Children

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Custody Battles in China Lead to Child Abductions

Custody battles sometimes can be bitter affairs between the parents.  In China, it is no different.  Unlike many court orders for child custody in North Carolina, courts in China rarely grant joint physical custody of children to divorcing parties, causing disputes over minor children to be extremely hostile.  The best…

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$734 Million Divorce Settlement

A United Kingdom court recently ordered Dubai ruler and UAE Prime Minister, Sheikh Mohammed Bin Rashid Al Maktoum, to pay his ex-wife, Haya bint al-Hussein, a jaw-dropping $734 million in a divorce settlement.  Haya bint al-Hussein in the Princess of Jordan and the couple have two children together.  This settlement…

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Lewis v. Lewis – Substantial Change in Circumstances

Defendant Mother appeals from the trial court’s order on child support and custody.  The Court of Appeals reverses and remands. Plaintiff Father and Defendant Mother married on January 1, 1994.  The parties had two sons and separated on May 10, 1997.  The parties’ divorce judgment was filed on August 17,…

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De Facto Emancipation

Morris v. Powell, 840 S.E.2d 223, 269 N.C.App. 496 (N.C. App. 2020): North Carolina has very recently decided a case of first impression regarding “de facto emancipation.” Emancipation is typically one of the listed termination events for child support. This is when a child, who has not yet attained the…

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Clinton Portis and Child Support

Ex-football star Clinton Portis is in hot water for non-payment of child support. Portis was a second-round pick by the Denver Broncos back in 2002, then was traded to Washington.  He is also a two-time Pro Bowler whose NFL earnings exceeded $43 million during his career until he retired in…

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Frustration of Visitation and Child Support

Argueta v. Baker, 137 A.D.3d 1020, 27 N.Y.S.3d 237 (2016) There are times where parents do not effectively co-parent. There are even times where one parent goes out of their way to interfere in the parent-child relationship with the other parent. There are ways to enforce the controlling custody order,…

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Equitable Distribution and Support—Built-in Review

Harris v. Harris, 352 S.E.2d 869, 84 N.C.App. 353 (N.C. App. 1987) In the case above, the plaintiff was ordered to pay to defendant an Equitable Distribution (ED) distributive award in the amount of $23,706.82, but payment of the award was postponed until the parties’ youngest child reached age 18…

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Was Income Reduction in Bad Faith?

Mendez v. Mendez, 2021-NCCOA-680 (2021) Facts: Plaintiff was ordered to pay defendant $2,271 per month in child support pursuant to a child support order filed in 2015. In 2018, Defendant filed a motion to modify child support. Defendant’s monthly gross income was $3,964. She asserted that the children’s needs have…

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COVID-19 Conspiracies and Custodial Interference

We’ve all experienced trying times during the pandemic. From school and business closures throwing a wrench in our daily plans to mask-wearing as the new normal, the pandemic has brought about many disputes and concerns, especially among divorced parents who share custody of their children. One Washington State father, Richard…

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New York Seeks Dog and Divorce Law

https://www.nysenate.gov/legislation/bills/2021/s4248 Child Custody in North Carolina is based on which parent can best provide for the interests of the child. It is an oft repeated principle that ultimately decides the issue. Children are important and the court is required to scrutinize the parents in order to make this determination. It…

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