Appeals are very technical. A filing with the Court of Appeals can happen after a final judgment, or as an interlocutory appeal—meaning before the final judgment. But in order for the Court of Appeals to properly hear your case, you have to provide them with all the facts. The Court…
Articles Posted in family law specialist
Child Support
Craven County o/b/o Jessica L. Wooten v. Adel Hageb (No. COA20-442) Defendant Adel Hageb (“Father”) and Plaintiff Jessica L. Wooten (“Mother”) were never married but were involved in a romantic relationship. Mother gave birth to a child in 2016 and another child in 2017. After it was determined that…
Grandparent Custody and Visitation
Graham v. Jones, 270 N.C. App. 674 (2020). In North Carolina, grandparents have the ability to have their concerns for custody and visitation heard by the courts. Our statutes allow any parent, relative, or other person claiming a right to custody to institute an action for child custody. Grandparents are…
Gray Divorces and the Financial Implications
Divorce rates among couples age 50 and over are on the rise. These so-called “gray divorces” may be a result of many societal factors, including longer life expectancy, increased social mobility and earning potential, and changes in the stigma regarding divorce. Couples often stay in an unhappy marriage for their…
Tax Returns and Determining Business Income
Spouses who own businesses can often keep a tight lid on finances. This may not be an issue at the onset of marriage, but it means that often, the other spouse is clueless as to how the money is being made. In the unfortunate event of divorce, income becomes a…
Tax Refunds, Credits, and Child Support
The American Rescue Plan Act of 2021 (hereinafter “Plan”), also called the COVID-19 Stimulus Package, was passed by Congress and officially signed into law by President Joe Biden on March 11, 2021. The Plan seeks to aid the economy in recovering from the effects of the COVID-19 pandemic. One significant…
Child Support Guidelines and Deviation
Browne v. Browne, 101 N.C. App. 617 (1991). Child support in North Carolina is most commonly determined by using the presumptive guidelines. We have written about the use of the guidelines in the past, such as here. But not every case will be a guideline case. The guidelines themselves indicate…
You’ve Been Served – But By Whom?
A lawsuit is initiated the day it is filed with the court. But the rules of law usually require that before your requested relief can be granted the other side gets their day in court. This is the fundamental basis of our legal system. It is one predicated not only…
Basics of Child Custody and Child Support
Child support and child custody are frequent issues when spouses are planning to divorce. Today we will discuss some of the most basic aspects behind these two broad and complex issues. How do you file a claim for custody and/or support? What are the governing laws in North Carolina? And…
National Children’s Awareness Month and the Safe Home Act
June is National Children’s Awareness Month. This month brings awareness to children’s safety and well-being and provides the perfect opportunity to generate awareness on child abuse and neglect. Just recently, U.S. Senators Roy Blunt (Mo.) and Amy Klobuchar (Minn.), co-chairs of the Congressional Coalition on Adoption, announced that they have…