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Articles Posted in ClientVille

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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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Oral Stipulations in Equitable Distribution

In North Carolina, a stipulation, in the legal context, is an agreement between the parties in a lawsuit. It is most commonly used by parties to extend deadlines for responding to discovery or to agree on a factual finding that is uncontested. It can be done to minimize costs in…

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Disqualification in Jolie/Pitt Custody Battle

Angelina Jolie recently experienced a small victory in her contentious custody dispute with Brad Pitt. The California Court of Appeals has disqualified the private judge, John Ouderkirk, from further ruling on the matter.  Jolie and Pitt selected Judge John Ouderkirk to handle the custody dispute in the hope that a…

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