We will discuss the North Carolina Court of Appeals case Fitzgerald v. Fortner (2024) and explain the key issues of juvenile court jurisdiction, child custody transfer, and standing in custody disputes. You will see why the court vacated a Chapter 50 custody order and what the statutory requirements under North Carolina family law are. Continue reading →
Domestic violence is not always physical. Sometimes domestic violence takes the form of repeated threats and unwanted messages that leave another person feeling terrified for their life. Continue reading →
Domestic violence is a serious matter, and protective orders are a critical legal instrument for safeguarding the most fundamental rights of individuals. While protective orders are common, issuing them still requires following a procedure that must meet strict legal standards if the order is to stand on appeal. Continue reading →
We will discuss the Fairley v. Matelski (2024) case and see why the North Carolina Court of Appeals upheld a custody decision, acting in the child’s best interest.
You will see how nuanced custody decisions can be, why it is imperative to pay special attention to every fact in family law cases involving child custody, and how even the smallest details can make a big difference. Continue reading →
We will discuss the Mecklenburg County, o/b/o Herron v. Pressley case, and how the North Carolina Court of Appeals reversed a trial court order and modified the father’s child support obligation. Continue reading →
Child custody disputes are among the most common family law matters in court. Yet, due to the sensitive nature of the relationships and the complexity of the law, these cases can yield very different outcomes depending on the smallest details. Continue reading →
Nobody gets married thinking they will one day be sitting in a courtroom, arguing over who is better fit to take care of the kids. However, in cases where relationships fail, family courts focus primarily on determining which parent can truly give their children a secure and stable home. Continue reading →
The 2024 Sunshine v. Sunshine decision of the North Carolina Court of Appeals clarified how courts should handle income imputation in divorce cases. Continue reading →
Child support enforcement in North Carolina often raises questions about wage withholding and when it is required, and whether the courts can allow alternative payment methods instead. As you will see in Price v. New Hanover County Child Support o/b/o Murray-Price, the North Carolina Court of Appeals has addressed these common questions directly. Continue reading →
In this post, we will discuss Icenhour v. Icenhour and how the North Carolina Court of Appeals confirmed a critical principle for all North Carolina alimony modification cases.
We will explain why a change in income alone might not be sufficient to justify modifying the existing alimony amount, and that the party requesting the change bears the strict evidentiary burden to support their position if they want the court to rule in their favor.
North Carolina Divorce Lawyers Blog