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…
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…
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…
Horner v. Horner, No. COA19-632 (unpublished) An alimony claim in North Carolina requires one spouse to be a dependent spouse and the other spouse to be a supporting spouse. A dependent spouse, as defined by statute, is a spouse who is “actually substantially dependent upon the other spouse for…
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…
Spicer v. Spicer, 607 S.E2d 678 (2005) North Carolina child support cases are mostly handled by guidelines that set a presumption on what each parent can pay after considering income, some expenses, and percentage of physical custody. But the guidelines are not the final word in child support. Certain income…
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…
With the COVID-19 pandemic forcing more and more families together for extended periods and creating increases in stress in the family setting, it is no surprise that there has been a rise in domestic violence and tension between partners. As cell phones and home surveillance systems become more commonplace and…
The blame for divorce rates being higher than ever may lie with the coronavirus pandemic. Many lawyers are reporting that the weeks leading up to the holidays have been hectic for them. According to one report, courts have handled a much higher number of divorce filings than usual. Typically, the…