The world of law frequently intersects with the world of finance. Although it may not seem like it, this intersection also includes family law. Income is almost always a factor in any type of financial support case. Valuation is critical to property distribution. Family law attorneys need to be financially…
Desai v. Desai, No.COA20-435 (July 2021) (unpublished) Often in matrimonial cases, one party might question whether jewelry gifted to a spouse can be taken back in the property division phase of a separation and divorce. Jewelry and other assorted gifts often represent everlasting love and affection between spouses, so it…
Crews v. Paysour, 261 N.C. App. 557 (2018) Facts: Plaintiff and Defendants are the parents of a minor child. In 2012, Plaintiff filed an action for custody and child support. A temporary order for child support was entered in August of 2012. The parties were both in medical school at…
Gray v. Holliday, COA20-425 (May 2021) (unpublished). In Greensboro, grandparent visitation rights may be awarded if the Court deems it appropriate. This often happens by intervening in the custody battle being fought by the custodial parents. But what happens when one of the parents passes away before the custody issue…
Unpublished Opinion – No. COA19-566 Carmen Cousin and Terry Cousin were married for seventeen years. They separated in May 2016. Upon separating, Carmen filed a complaint, which included a claim for equitable distribution. Terry then filed an answer, which included a counterclaim for equitable distribution. In the final equitable…
Warren DSS v. Gerrelts, No.COA20-868 (June 2021). This is an oddity of a case. Civil procedure has an interesting quirk called choice of law. It is an intensely fact-driven area of law that is still being actively researched and written about. Just the mere mention of the Erie Doctrine is…
Handerson v. Wittig, No.COA20-924 (July 2021). Modifications to child custody orders require a substantial change in circumstances affecting the welfare of the child. The change in circumstance is the gatekeeper. That alone will not amount to modification; the court still needs to determine if the change in circumstance affects the…
Craven County o/b/o Jessica L. Wooten v. Adel Hageb (No. COA20-442) Defendant Adel Hageb (“Father”) and Plaintiff Jessica L. Wooten (“Mother”) were never married but were involved in a romantic relationship. Mother gave birth to a child in 2016 and another child in 2017. After it was determined that…
Graham v. Jones, 270 N.C. App. 674 (2020). In North Carolina, grandparents have the ability to have their concerns for custody and visitation heard by the courts. Our statutes allow any parent, relative, or other person claiming a right to custody to institute an action for child custody. Grandparents are…
The American Rescue Plan Act of 2021 (hereinafter “Plan”), also called the COVID-19 Stimulus Package, was passed by Congress and officially signed into law by President Joe Biden on March 11, 2021. The Plan seeks to aid the economy in recovering from the effects of the COVID-19 pandemic. One significant…