A California woman is experiencing divorce in a way that has her fearing for her life. Patricia and Ronald Dunn are residents of Los Angeles and are in the process of getting divorced. However, Ronald is less than happy with the idea of divorcing Patricia. To say this is a…
Articles Posted in family law specialist
Designation of Survivor Beneficiary of Retirement Account
Becker Williams, F. Supp. 3d , 2016 WL 878492 (W.D. Wash. 2016) Facts: Husband and wife were married and in 2002, the husband designated the wife as survivor beneficiary of his retirement plans with Xerox. Husband and wife were divorced in 2006. In 2007, the employer received several telephone calls…
Inheritance and Equitable Distribution
Suppose you inherit money from a family member during your marriage. Is your inheritance subject to being divided under North Carolina’s equitable distribution statute? The brief answer: it depends. North Carolina General Statute § 50-20 defines marital property as all real and personal property obtained and currently owned by either…
Alcohol Abuse and Alimony
Can you be awarded alimony when your spouse abuses alcohol to the point that your life has become unbearable? Like all issues in the legal field, it depends. What Does the Law Say? North Carolina General Statute § 50-16.3A states that, upon the court determining that one party is the…
Secretly Recording Your Spouse
As family law attorneys, we are regularly asked by clients if they can record their spouse. In fact, in some cases, they are asking if we want a copy of the recording that they have already made. Yes, these recordings can possibly prove something was said or not said; there…
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Price v. Price, 2022-NCCOA-928 (unpublished).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…
Annulment Versus Divorce
Three days after your wedding, it happens: You realize you’ve made a HUGE mistake. No worries, though, you can just get an annulment, right? In North Carolina, maybe not! Unless you fall into a few very specific categories, you are going to have to get a divorce instead. What is…
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BARHAM V. BARHAM, 2022-NCCOA-798 (unpublished).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…
Legal versus Physical Custody
Custody cases have different terms that can be difficult to understand. Most people think of custody as the right to parent their children. After all, what else is there? It turns out it isn’t that simple. A custody order will address both legal and physical custody. What is Legal Custody?…
Child Support and Deviation From Guidelines
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…