M.E. v. T.J., ___ N.C. App. ___ (2020). Domestic Violence Protection Orders (DVPO) are under chapter 50B in North Carolina. They are sought by complaining parties when they are the victims of violence. But under this section, in order to seek a DVPO, a complaining party must first claim domestic…
In Chica v. Chica, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Plaintiff Father’s appeal of the trial court’s December 6, 2018 Order finding him in civil contempt and establishing purge conditions. Plaintiff Father also appealed the trial court’s April 2019 Order denying, in part, Plaintiff’s Motion…
Covid-19 and its accompanying social distancing have been hard on everyone’s dating life. Restaurants have decreased capacity, and some are not accepting in-house dining at all. Bars close early. And masks, while necessary for health, make it hard to read how your date is going. A lot of people are…
In Price v. Boccardy, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Defendant’s appeal from the trial court’s order denying Defendant’s Rule 60(b) motion to set aside a final custody order.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…
Ward v. Halprin, ___ N.C. App. ____. Child custody has the potential to be heavily contested. In some cases, one parent wants to be able to have sole decision-making authority. In North Carolina, the ability to make these decisions is termed “legal custody.” Courts often grant parents joint legal custody.…
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…