In Reece v. Holt, the North Carolina Court of Appeals, in an unpublished opinion, reviewed N.C.G.S. Chapter 50 for child custody and subject matter jurisdiction.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 on the domestic violence action only. Continue reading →
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? Continue reading →
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 institutions have dormitories where students live for most of the school year. They get breaks for holidays and summer. Tuition covers most of their living expenses. Below we discuss how the Court analyzed the expenses. Continue reading →
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. Too low or too high of income both throw a wrench into the calculus. For higher income families, the court may forgo the use of the guidelines and make findings on the reasonable needs of the child when compared to a parent’s ability to pay; meaning it should account for their assets, debts, and lifestyle. Continue reading →
When does your obligation to pay court-ordered child support payments stop? Like most issues in the legal field, it depends.
Mims v. Parker, 839 S.E.2d 433 (N.C. App. 2020)
In North Carolina, dog owners can be liable for injuries caused by their dogs. We all love our friendly four-legged companions, but a dog is still an animal that can cause devastating injuries if it reacts poorly to a situation. We all have heard stories of how even the most kind and gentle ones can fly off the leash in a fit of madness. But our state limits liability for dog attacks to certain exceptions. Mims v. Parker is a case that addresses some of the liabilities. Continue reading →
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 or delinquent on your current court-ordered payments. Continue reading →
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 resides here. Sometimes, the plaintiff in these actions is not a state resident. Other times, they may not even be a US resident. Below, we examine a case about how testimony can be given when a witness to a child support action is in another country. Continue reading →
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 levels move the case out of the guideline range. And in other cases, a parent may request a deviation from the guidelines. In those cases, the Court must consider four things: 1) what the presumptive award would be under the guideline; 2) what the reasonable needs for the children are and how much can each parent afford to pay; 3) whether the presumptive award would meet or exceed the reasonable needs of the child when considering the parent’s ability to pay; and 4) make findings of fact on whether the Court decides to deviate or not. Continue reading →
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 of life is only one of the factors that must be taken into account when making the determination. If custody litigation arises, then the Court must review any factor that has bearing on the best interests of the children. These can be complicated cases (as can be seen below), and the parent seeking custody needs to demonstrate that relocating the children to another state best serves the development and growth of the children. Continue reading →
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