North Carolina Divorce Lawyers Blog

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In most cases here in North Carolina, child support has been reduced to an equation based upon guidelines that have been approved by the state. It is much like filing taxes—there are inputs for each parent’s income, the number of children, and the custodial schedule. Schedules are then used to determine the obligation for support. There may be certain line items that add or subtract from one parent’s obligation. In some circumstances, the court (or a parent) may see fit to depart from the guidelines, in which case a separate set of standards is used to calculate support; this is called deviation. In these cases, the actual expenses for the children are factors in determining the support obligation. Actual expenses are not typically part of the formula in guideline cases. However, there exists one category in the guidelines that does account for expenses. It is called extraordinary expenses. Continue reading →

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Kelly Clarkson is an American singer, songwriter, and talk show host who has been in the music industry for over two decades. Her powerful voice and relatable lyrics have won the hearts of millions of fans around the world. Recently, she released a new song called “Me,” which addresses her split from her ex-husband, Brandon Blackstock. 

Clarkson and Blackstock were married for seven years, and during that time they had two children together. However, in 2020, Clarkson filed for divorce, citing “irreconcilable differences.” The divorce has been a topic of discussion in the media, and Clarkson has been open about the challenges of going through a divorce.  Continue reading →

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As the son of President Joe Biden, Hunter Biden has been under intense scrutiny for his personal and professional life. One aspect of his life that has received a lot of attention is his child support payments.

Hunter Biden has fathered five children with three different women. His first child was born in 1993 with his ex-wife, Kathleen Buhle. The couple divorced in 2017, and Hunter was ordered to pay $37,000 per month in child support and alimony. Continue reading →

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READ V. READ, 2023-NCCOA-______ (2023) 

Imagine that you and your wife separate from each other. It is now 15 years later. While you have both moved forward in life, neither of you filed for divorce. You are still married. One day you get a notice in the mail. There was an outstanding loan that originated during the marriage, while you two were still together, that has not been paid and now the lenders are threatening some legal action. Is it too late to file for equitable distribution and have a court order that you both pay on the debt?  Continue reading →

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WELCH V. WELCH, 2023-NCCOA-______ (2023) 

  1. Facts: Plaintiff and Defendant married in 1981. In 2007, the parties initiated divorce proceedings, including filing for equitable distribution (ED). In 2008, the parties entered into a consent judgment wherein marital property was distributed. One such item was an IRA at Charles Schwab. Pursuant to the parties’ consent judgment, each party was supposed to receive half of this IRA. This never happened, and eleven years had passed by the time Defendant realized it. After exhausting remedies under contempt and the rules of civil procedure due to being time-barred by the statute of limitations, Defendant moved for the entry of a domestic relations order (DRO) under the ED statute. This too was denied by the trial court, citing the ten-year statute of limitations. Defendant appealed. 

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FOSTER V. FOSTER, 2023-NCCOA-______ (2023) 

  1. Facts: Plaintiff and Defendant married in 2014 and separated at the end of 2019. Plaintiff filed for custody and equitable distribution (ED). Defendant counterclaimed. A trial on ED was held in February and March of 2022. There, the trial court entered a judgment with a slight unequal division in Defendant’s favor. One item that classified as Plaintiff’s separate property was an account with funds sourced from a settlement Plaintiff received pursuant to the Longshore and Harbor Workers’ Compensation Act (LHWCA), and some items of personal property purchased with those funds. Defendant appealed.  

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When it comes to the division of marital property, one question we are commonly asked is what happens if the value of an asset, such as a home, increases during the pendency of the case? In North Carolina, there is a specific provision of the law addressing this exact scenario: divisible property. 

Divisible property is a term within North Carolina’s equitable distribution laws that relate to the distribution of assets and liabilities in a separation and divorce.   Continue reading →

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Custody and parental rights are understandably sensitive topics, which is why having an experienced North Carolina custody lawyer on your side can make a difference. Determining custody of a child is a challenging process. There are numerous laws and considerations that are factored into a custody decision, and one recent case from the Court of Appeals in Forsyth County shows how complex these cases can be. Continue reading →

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When you file a claim for child custody in North Carolina, both parties must attend the Custody Mediation and Visitation Program pursuant to N.C. Gen. Stat. § 50-13.1.  Upon completion of this program, the matter may then be set for hearing if the parties are unable to come to an agreement during mediation.  There are circumstances where the Court will waive the mediation requirement.  Those circumstances will not be analyzed in this blog.   

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Achraf Hakimi is an unknown name to most Americans. However, in Europe and most of the world, he is famous as the starting right back for Paris Saint-Germain, one of the most famous soccer teams in the world, and he represented his home country, Morocco, in the latest World Cup. Needless to say, Mr. Hakimi is quite successful on the football pitch (soccer field) and has been rewarded handsomely for his talent. His contract at Paris-Saint Germain is rumored to be in the range of a million dollars a month. He’s had some legal issues recently; specifically he is under investigation by French authorities for an alleged rape. And even more recently, likely due to the underlying allegations, his wife has filed for divorce.  Continue reading →