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…
Articles Posted in Child support
What are the Requirements for Modifying Child Support in North Carolina?
All parents of minor children are responsible for financially supporting their children. Parents whose rights have been terminated and parents who are under 18 years old are exceptions to this rule in North Carolina.1 While support may be required by one parent in most custody arrangements, the law does acknowledge…
Costner/Baumgartner Divorce
Approximately two months ago, Kevin Costner’s soon-to-be-ex-wife, Christine Baumgartner, filed for divorce. It appears the fight between the two is just getting started. Costner has received numerous accolades throughout his acting and producing career and is most recently known for his role as John Dutton on Yellowstone. Baumgartner is a…
Modifying Child Support in North Carolina
An award of child support is intended to balance the financial contribution of the custodial and non-custodial parents, but biological parentage is not required to receive child support. North Carolina child support law allows any person providing care for a minor child who is living in their home to receive…
Child Support Guidelines
Child support is an important aspect of providing for the needs of a child after a separation or divorce. It is essential for both parents to contribute to the financial needs of the child, and the state of North Carolina has established guidelines for determining the amount of child support…
Extraordinary Expenses in Child Support
In most cases here in North Carolina, child support has been reduced to an equation based upon guidelines that have been approved by the state. It is much like filing taxes—there are inputs for each parent’s income, the number of children, and the custodial schedule. Schedules are then used to…
Hunter Biden & Child Support
As the son of President Joe Biden, Hunter Biden has been under intense scrutiny for his personal and professional life. One aspect of his life that has received a lot of attention is his child support payments. Hunter Biden has fathered five children with three different women. His first child…
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…
Child Support – Show the Work
Price v. Price, 2022-NCCOA-928 (unpublished). Facts: In April of 2020, Mother filed a motion to modify child support. A hearing on that motion was eventually calendared for November of 2020. In the meantime, Father had fired his attorney. Father did not show up for the modification hearing, and the trial…
Child Support and Credit for Overpayment
BARHAM V. BARHAM, 2022-NCCOA-798 (unpublished). Facts: Plaintiff and Defendant are parents of eight children. At this time, all eight children have attained the age of majority (18). There have been numerous child support orders in their case for their children. When their seventh child graduated from high school and turned…