Creating a new family tradition can be a way to bring cheer to the holidays for both children and adults, especially when the family structure is changing due to divorce. One way to bond in a new family dynamic is to incorporate ‘matching outfits’, such as holiday themed pajamas or the famous ‘ugly Christmas sweater’. The following ideas can help you develop new holiday traditions after divorce.
In the Northern Hemisphere the 2022 winter solstice will occur on December 21st. Winter solstice is when the North Pole is tilted farthest away from the sun. At this time, the Arctic Circle is cloaked in darkness and the longest night of the year happens. The winter solstice also signifies a turning point where the days begin gradually to get longer again.
Many cultures around the world have a long history of celebrating the winter solstice. Cultures attach great meaning to the solstices because the sun is a sacred star at the center of the solar system. The sun not only serves as a function of time, but it also sets the weather and indicates agricultural patterns, which were extremely important for historical civilizations.
BARHAM V. BARHAM, 2022-NCCOA-798 (unpublished).
Facts: Plaintiff and Defendant are parents of eight children. At this time, all eight children have attained the age of majority (18). There have been numerous child support orders in their case for their children. When their seventh child graduated from high school and turned 18, a motion to modify was filed and a consent order was entered that required Plaintiff to pay $716 a month for support for the final eighth child. Plaintiff instead paid 1 cent per pay period. Plaintiff also filed a motion seeking to establish credit for overpayment of child support, alleging that he overpaid from 2013-2019 by $12,486.95, and that overpayment should be applied to the prospective award from the modification. Defendant filed for contempt for nonpayment of support. Trial court found Plaintiff in contempt, he appeals. Continue reading →
Custody cases have different terms that can be difficult to understand. Most people think of custody as the right to parent their children. After all, what else is there? It turns out it isn’t that simple. A custody order will address both legal and physical custody. Continue reading →
WINEBARGER v. STEEN, 2022-NCCOA-739.
Facts: Mother and Father split and had a case with child support. Mother requested to deviate from the child support guidelines. On 10 June 2021, the trial court imposed a $290.38 child support obligation on Father, consistent with the child support guidelines. No findings or conclusions of law were made concerning Mother’s income and expenses. No child support worksheet was attached, although one was referenced in the Order. Father’s income was found to be $52,781.05, even though the Order also found that Father was totaling $63,975.05 in income earlier in the Order. No explanation was given for the discrepancy. Among sources of income, $4,967 was included as part of a Paycheck Protection Program (“PPP”) Loan. Father appealed. Continue reading →
Say that you provided funds, checks, cash, or other payments to your ex since separation. You have a claim pending for equitable distribution, which seeks to divide your marital property. But court is slow. It can take some time for your case to be reached. When it is, how should the court treat those payments you made? Were they gifts, or were they something the court ought to consider in equitable distribution? Continue reading →
Many victims of domestic abuse who flee their abuser have to leave the state where the abuse occurred for a number of reasons. If you find yourself in this difficult situation and have moved to North Carolina, what does that mean for your ability to get a Domestic Violence Protective Order (DVPO)? As it happens, it can make all the difference.
In North Carolina, courts can only hear claims for DVPOs if the plaintiff demonstrates that the court has personal jurisdiction over the defendant.[1] Personal jurisdiction is the right of that particular court to make decisions and enter orders about that person. If a court is to have personal jurisdiction, the court must comply with two different tests: the North Carolina long-arm statute and the Constitutional right to due process. Continue reading →
Ouléye Ndoye, former wife of Georgia Democratic Senator Raphael Warnock, is demanding he submit to questioning as their child custody battle continues. Ndoye’s accusations say Warnock has failed to render proper custody of the parties’ minor children during his days of their agreed parenting schedule. Warnock’s work-related obligations have resulted in extended periods of travel for Warnock, leaving him unavailable during his agreed custodial time. The parties’ parenting schedule awarded Warnock two weekdays per week, which he is no longer able to fulfill.
It’s your first holiday with your adopted child and you’ve done everything to make it perfect, with magazine-worthy tables of food, a home full of beautiful decorations, and lights twinkling just right in the annual family photo – at least until the dog eats the turkey, the cat knocks down the Christmas tree, and someone is blinking in every single picture! We all know that reality never goes exactly as you plan, but by following these tips to support your adopted child through the inevitable messiness, your first holiday season as a complete family can turn out better than you ever imagined! Continue reading →
In October 2022, the North Carolina Court of Appeals addressed whether a parent who hasn’t had contact with their child because the child had been actively removed and hidden from them still has their constitutional right to parent their child. Continue reading →
North Carolina Divorce Lawyers Blog