In Price v. Boccardy, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Defendant’s appeal from the trial court’s order denying Defendant’s Rule 60(b) motion to set aside a final custody order. Price v. Boccardy, COA20-127 (N.C. App 2020). Facts: Plaintiff and Defendant were the parents of a minor…
In the Matter of R.D.B., A Minor Child (No. COA19-1019) Many children in Guilford County have guardians appointed by the court for a variety of reasons. A child who no longer has any living biological parents is a common example of when a court will appoint an adult to…
In Reece v. Holt, the North Carolina Court of Appeals, in an unpublished opinion, reviewed N.C.G.S. Chapter 50 for child custody and subject matter jurisdiction. Plaintiff Father claimed that an ex parte order established a “presumption” supporting a claim for domestic violence under N.C.G.S. § 50B. This article will focus…
The recent rollouts of the COVID-19 vaccines have revealed differences of opinion as to who will and who will not take the vaccine. When you are separated or divorced, who decides for the children? North Carolina General Statutes 130A-156 and 130A-157 permit parents to exempt their children from vaccinations for…
Koufman v. Koufman, 330 N.C. 93, 408 S.E.2d 729 (NC 1991) Child support orders are modifiable in North Carolina when there is a substantial change in circumstances. But what happens when your child moves to a school away from home, such as a boarding school or preparatory academy? These…
A coworker recently asked me, “Why does Guilford County have two courthouses, unlike other counties in North Carolina?” I was born in Greensboro, have lived most of my life in Guilford County, and honestly had no idea. After a brief amount of internet searching, I ran across a 1999 article…
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.…
In Ellis v. Ellis, the North Carolina Court of Appeals reviewed N.C.G.S. § 50-16.3A and the lower court’s application of the statute. It considered the sixteen relevant factors included in the statute to determine the amount, duration, and method of payment for an award of alimony when there were acts…
Ubertaccio v. Ubertaccio, 588 S.E.2d 905 (N.C. App. 2003) (Levinson, J. concurring) In North Carolina, Equitable Distribution (ED) is one of the common mechanisms by which former spouses divide their personal and real property. Stock options and salary substitutions acquired by a party are typically subject to ED. However,…
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…