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Articles Posted in ClientVille

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Child Support Arrears Can Cost You Licenses

Utah recently enacted a new statute that denies hunting and fishing licenses to those who are delinquent on child support payments. They have recently began notifying some of those people that they may be denied licenses based on their delinquency. According to their state child support enforcement records, roughly 19,000…

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What Is Marital Debt?

In Equitable Distribution, we often ask clients about the debts that they accrued during the marriage and the value on the date of separation. This is because the judge is required to classify, value, and distribute marital property. But it may not always include debts incurred during marriage. The debts…

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Mental Health, COVID, and the Effect on Children

May is Mental Health Awareness Month, and here at Woodruff Family Law Group, we are cognizant that the ongoing pandemic has caused much harm to our collective mental health. The school closures and loneliness associated with social distancing are major factors. A remarkable Harvard study following 224 children found that…

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Equitable Distribution – Was That Gift Separate?

Vonhall v. Vonhall, (No. COA20-466) (unpublished) In equitable distribution, clients often ask whether gifts to one spouse during the marriage is going to be subject to division. Below, we see a simple case example of how the law treats these gifts and the evidence that supports the legal conclusion: Facts:…

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Custody Modification – Positive Change in Circumstances

Fecteau v. Spierer, COA20-532 (2020). Child custody orders are modifiable under North Carolina law. In order to modify, the party seeking a modification must show a substantial change in circumstances, from those found in previous order, that warrants modification. It may seem obvious that big changes in the custodial parent’s…

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Custody Modification – Grandparents to Parents

Fecteau v. Spierer, COA20-532 (2020). Child custody orders are modifiable. In order modify, the party seeking a modification must show a substantial change in circumstances, from those found in the previous order, that warrants modification. In some cases, primary physical custody is awarded to a nonparent. Most often, this nonparent…

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Fathers – Natural, Legal, and Presumed

What happens when a wife gives birth during a marriage, but the husband is not the biological father per DNA? Paternity in North Carolina is a legal issue—there are rights and responsibilities that come with being a legal father. As a primer, the common terminology in this area of law…

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Imputation of Income for Child Support

Angel v. Sandoval, COA20-236 (unpublished 2020). If your ex, or you, lost a job and income and considered modifying child support to a lower amount in response, it may not always mean that the modification will be granted. Here in North Carolina, it depends on the circumstances surrounding the job…

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Social Security Survivor’s Benefit and Adoption

There are unfortunate times where one individual who has become fully insured for social security benefits passes away or gives up a child for adoption. In such cases, however, the Social Security Administration has enacted rules to pass on the benefit to the children. But exactly what happens when the…

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Grandparent Visitation After Death of a Parent

Alexander v. Alexander, ______ N.C. _______ (2021) (COA19-391). In Greensboro, Grandparents may be awarded visitation rights if the Court deems it appropriate. Often, it is by intervening in the custody battle being fought by the custodial parents. Even after a final custody order is entered, a Grandparent may seek visitation…

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