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Articles Posted in attorney fees

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Child Support and Legal Fees

Marecic v. Baker, 2023-NCCOA-______ (2023) (unpublished). Facts: The case involved a dispute between the Plaintiff and Defendant, who are the biological parents of a minor child named R.J.M. The parties never married but purchased real estate in North Carolina and Florida during their relationship. Defendant had two older children from…

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Case Analysis: Alimony, Child Support, and Attorney Fees

Aside from equitable distribution, divorce cases often involve three common financially-centered elements – alimony, child support, and attorney fees. The Wadsworth case argues all three of these issues and is an excellent example of how complicated these matters can be.  Wadsworth v. Wadsworth1 Case Background  Plaintiff and Defendant were married…

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Attorney Fees When Support and Custody Are Involved

LIMERICK V. ROJO-LIMERICK, 2023-NCCOA-________ (2023).  Facts:  Plaintiff and Defendant are parents of a minor child. In August of 2020, Plaintiff filed for divorce from bed and board, child custody and child support, and attorney fees. Defendant counterclaimed for custody, child support, equitable distribution, alimony, and attorney fees. Defendant then voluntarily…

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Sanctions for Bad Appeals

Shebalin v. Shebalin, 2022-NCCOA-410. Facts: This appeal arose from the appointment of a parenting coordinator. Parenting coordinators are often appointed to child custody cases when the parents absolutely cannot get along. Plaintiff and Defendant had a minor child together who was at the center of their custody dispute. The trial…

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Rule 11 Sanctions and Award of Fees

Preston v. Preston, 2022-NCCOA-207. Facts: Plaintiff and Defendant married in 1988, and began divorce proceedings in 2018. Plaintiff filed his claim for divorce in October of 2018. In July 2019, Defendant filed her answer with motions to dismiss for lack of subject matter jurisdiction, improper venue, insufficiency of process, failure…

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“Not for Profit” … Part 1

Barry v. Comm’r, T.C. Memo. 2017-237, 2017 WL 5899406 (2017)   (a) Facts: When the parties were divorced, the husband agreed to pay the wife $2,400 per month in alimony.  Twenty-four years later, the husband filed an action against the wife in federal court for breach of contract, arguing that…

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