WINEBARGER v. STEEN, 2022-NCCOA-739. Facts: Mother and Father split and had a case with child support. Mother requested to deviate from the child support guidelines. On 10 June 2021, the trial court imposed a $290.38 child support obligation on Father, consistent with the child support guidelines. No findings or conclusions…
Articles Posted in Child support
Attempting to Avoid Child Support Obligations
Cash v. Cash, 2022-NCCOA-706. Facts: Mother and father were set for a trial on modification of child support. Five days before the trial date, father filed and served an amended financial standing affidavit that reported that his current income was $0 because he was laid off from his employment as…
Children With Unique Needs in Divorce
Divorce is difficult, and even more so with children involved. It can be especially difficult when the children have unique needs. The stresses of divorce can have an increased impact on these children, and their special needs can have a major impact on custody and child support. As a parent,…
Commercial Genetic Testing in Family Law
How often have you heard someone claim their grandmother was Native American? What about Italian? More people around the world claim to be Irish than there are people in all of Ireland! The lure of knowing where you come from has led to an explosion in commercial testing services like…
Alimony Amount and Duration
Plaintiff Jolin Brady (“Mother”) and Defendant Erron Brady (“Father”) were married on April 26, 1997. Father and Mother had four children. Father was in undergraduate school at Brigham Young University when the parties married. While Father was in dental school, Mother worked as a paralegal and then stopped working when…
The Family Law Process, Part 3
Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress.…
The Family Law Process, Part 2
Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress.…
Civil Procedure – Summary Judgment v. Rule 12 Motion
Blue v. Bhiro, 2022-NCSC-45 (2022) In North Carolina, our Rules of Civil Procedure govern many aspects of civil trials. This includes the vast majority of the actions you will see incident to divorce and separation, such as child custody, child support, alimony, and equitable distribution. Under these rules, there are…
Family Law: Doing It Fast or Doing It Right
Wayne Hopper, Legal Assistant When an issue is winding its way through the court system, you may feel as if time stands still. Family law cases can be especially trying due to the emotions they elicit and the time it takes to see them through to the end. Family law…
Stipulations of Fact and of Settlement
Maddukuri v. Chintanippu, 2022-NCCOA-128 (1 March 2022) Stipulations are often used to expedite portions of a case/trial so that there is no time wasted on them, allowing the court to focus on the issues that are actually in contention. The use of stipulations of fact is pretty common. It removes…