In a divorce, assets and debts can be divided equally in North Carolina, but if either party requests equitable distribution, then there may also be an unequal division if that’s what the court deems fair. North Carolina courts can use a variety of entities to determine how to divide a…
In a recent case involving trust property in an equitable distribution dispute, the North Carolina Court of Appeals vacated and remanded a trial court’s decision not to add a trust as a necessary party to the case. In Wenninger v. Wenninger, Husband appealed from three orders entered by the trial…
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform state law that has been enacted by the majority of states, including North Carolina. The UCCJEA establishes subject matter jurisdiction in child custody cases and indicates which court has the authority to decide on a custody issue. North…
Subject matter jurisdiction is the right of a specific court to hear a case and make rulings on the issues. In child custody cases, North Carolina uses the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which says that jurisdiction can be established in the following ways: Initial child custody…
Modification of child support may be an option if there has been a material change in circumstances. Parents often use a change in income to justify a recalculation of child support, but this is not always a relevant reason. Groseclose v. Groseclose Father in Groseclose v. Groseclose had previously been…
When one spouse in a divorce makes considerably more money than the other spouse, alimony (or spousal support) may be awarded to the spouse who earns less. This spousal support will vary in amount depending on the finances and assets of the husbands and wives, and it can come with…
Spouses in North Carolina who are contemplating divorce may consider entering into a separation agreement, and this is a beneficial option for many husbands and wives. What happens if one spouse violates the terms of the agreement? Separation agreements that are not incorporated into a court order are typically subject…
Court orders cannot typically require nonparties to act. When a court issues an order, the requirements of the order involve only the plaintiff and defendant or the petitioner and respondent. People who are not named in the case cannot generally be ordered to do anything. If the court determines that…
Alimony is an option in North Carolina in divorces where one spouse is classified as the dependent spouse and the other as the supporting spouse. North Carolina Law and Spousal Support North Carolina General Statute Section 50-16.1A defines a dependent spouse as one who is either substantially dependent on the…
Alimony calculations can be complex, and there are numerous factors that courts must consider when deciding how much spousal support to award. Sunshine v. Sunshine The case of Sunshine v. Sunshine covered many common issues that are found in alimony arguments, including standard of living, income calculations, and marital misconduct.…