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Articles Posted in Child support

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Child Support in High Income Families and Accustomed Standard of Living

Bishop v. Bishop, ____ N.C. App. _____ (Dec. 2020)   Child support in North Carolina is typically determined by a formula set out by the legislature and applied in child support guidelines and their worksheets. However, it was known for some income levels that the formula no longer becomes equitable.…

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Termination of Child Support Obligation

When does your obligation to pay court-ordered child support payments stop? Like most issues in the legal field, it depends. North Carolina General Statute § 50-13.4(c)(1-3) states that payments ordered for child support shall terminate when the child turns 18 except when (1) the child is emancipated, at which time…

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Social Security and Child Support

Suppose you are separated or divorced, or you have recently retired or been placed on disability, and are the parent of a minor child. If you receive dependent benefits through Social Security or the Veterans Administration, your child support obligation may be reduced or eliminated, provided you are not behind…

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Foreign Orders: When Affirming Is Enough

Gyger v. Clement, ___ N.C. ___ (August 2020) (31PA19) In North Carolina, foreign orders for child support can be registered in this state, allowing our courts to enforce the orders. It is extremely helpful to register a foreign order in the state if the party you are seeking relief from…

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Relocation With Children to Another State After Separation and Divorce

Tuel v. Tuel, 840 S.E.2d 917 (2020). After separation and divorce, it is not unheard of for one spouse to move out of state. If the former couple had minor children together, then the question is which spouse is primarily going to have custody of the children? Improvement to quality…

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Registration of Foreign Orders: Mandatory or Optional?

So you’ve moved to Guilford County from Florida and up until your move you and your ex-spouse have been operating under a child custody order that was entered by a judge in a district court in Florida.  Now what? North Carolina General Statutes § 50A-305 provides guidelines for registration of…

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Can Someone Be Jailed For Not Paying Child Support?

Toussaint v. King, COA19-851 (2020) (unpublished). In North Carolina, a court has the ability to incarcerate a party for not following a court order. This procedure is called civil contempt. In order to send a party to jail for noncompliance, the court first must find specific facts. For one case…

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Celebrities and Family Law

We all know Cam Newton, the football quarterback who used to play for the Carolina Panthers but recently signed on with the New England Patriots.  Back in 2011, the football legend was drafted as the first overall pick by the Carolina Panthers.  He played countless games right here in our…

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Timelines, Deadlines, and Costs in Your Case

You’ve decided to seek a divorce and perhaps to seek child support for your children, or you’re looking at equitable distribution of your marital assets. You’ve researched, met with, and retained your attorney. Now the attorney or a member of the attorney’s staff is calling or sending emails asking questions…

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Court’s Costly Confusion Over Profits and Expenses

Devine v. Devine, (No. COA19-913) (unpublished) Here in Greensboro, business owners are not immune to unhappy marriages. Divorces can be long and complicated messes, especially when the fortunes of the family rest upon the fortunes of the business. Child support and alimony are based partly on the income and expenses…

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