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Articles Posted in ClientVille

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Surrogacy and Custody

There is a mess of a custody case in Massachusetts (MA) that arose from a very reckless surrogacy situation. Apparently, a same-sex couple posted to social media asking for help having a baby. A friend then offered to conceive with her boyfriend (read: the baby would be biologically unrelated to…

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Covid and Imputation of Income

Snowden v. Jaure, (Wyoming Supreme Court) With Covid-19 raging for over a year now, many families have been affected and often negatively. Job loss is just one consequence of the pandemic. This has caused a loss in income for many individuals. In families going through a custody case, it means…

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Custody with Facetime and Contempt

There have been phones and computers around for decades now, and in the child custody context they have been instrumental in providing access to children for noncustodial parents. But since Facetime has come around, we are beginning to see some court documents, specifically custody orders, reference Facetime when crafting custodial…

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Psychological Evaluations and the Coleman Murders

Matthew Taylor Coleman and his wife, Abby Coleman, were living a picturesque life in their Santa Barbara, California home with their two young children—Kaleo, a two-year-old boy, and Roxy, a ten-month-old girl— when events took a turn for the worse.  While the family was packing for a camping trip, Matthew…

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Consent Order Ambiguity

WALTER V. WALTER 2021-NCCOA-428 The language contained in a consent order should be unambiguous and clearly state what each party is required to do under the order. When the reading of the order leads to multiple reasonable interpretations, it may become impossible to enforce through contempt. Below is a custody…

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Cohabitation as an Alimony Defense

Orren v. Orren, 800 S.E.2d 472, 253 N.C.App. 480 (N.C. App. 2017) We have previously written about what cohabitation means in the alimony and postseparation support context. Essentially, according to North Carolina law, it is an appropriate termination point for alimony and postseparation support. But in some cases, a party…

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The Problem with Equitable Distribution Delays

Wall v. Wall, 536 S.E.2d 647, 140 N.C. App. 303 (N.C. App. 2000) There are various legal mechanisms by which former spouses separate their personal and real property. One mechanism is Equitable Distribution (ED). Practically speaking, however, no division of property should be accomplished without first obtaining an Order/Judgment from…

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Child Support Income Guidelines

Madar v. Madar, No.COA20-28 (Dec. 2020). In North Carolina, court ordered child support can only be modified by further order of the court. Before modification is allowed, the court must find that there has been a substantial change in circumstances that warrant the modification. There is an automatic presumption built…

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Millennials and Prenuptial Agreements

It is no secret that millennials often get a bad rap.  As one of the largest generations in history, their influence in the world is far-reaching. Growing up in rapidly changing times has meant that millennials have redefined many aspects of life, with priorities and expectations drastically different from previous…

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