North Carolina Divorce Lawyers Blog

Articles Posted in ClientVille

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 Horner v. Horner, No. COA19-632 (unpublished)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 his or her maintenance and support or is substantially in need of maintenance and support from the other spouse” (N.C.G.S. § 50-16.1A). It is important to remember that in North Carolina a claim for alimony must be pending when a Judgment of Absolute Divorce is entered. If an alimony claim is not pending when a Judgment of Absolute Divorce is entered, the claimant is barred from bringing the claim in the future.

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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 →

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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 →

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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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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. Continue reading →

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Suppose you have filed a complaint requesting a domestic violence protective order against your partner, and before the return hearing required by law you decide that you want to dismiss the complaint. Victims of domestic violence sometimes dismiss claims out of fear of further harm or retaliation. Or they dismiss for other reasons: they decide to reconcile; they find themselves in an adverse financial position; they reconcile for the children; or they lack sufficient evidence to prosecute the claim. What type of dismissal should you enter if you are the victim and find you need to file the dismissal before the hearing? Continue reading →

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On Friday, December 11, 2020, Chief Justice Cheri Beasley announced that in North Carolina non-essential, in-person court proceedings would be postponed for 30 days, beginning Monday, December 14, 2020.  Unfortunately, this has become the norm as the state continues to battle the widespread effects of the coronavirus pandemic.  With in-person court proceedings grinding to a halt, many divorced and separated parents are finding themselves in uncharted territory in terms of co-parenting.  As a result, many parents have taken matters into their own hands and are beginning to make day-by-day decisions regarding what is best for their children in these situations.

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Generally, military disability benefits are exempt from distribution in equitable distribution actions. Here we see whether the court can consider these benefits as income to satisfy a distributive award pursuant to an equitable distribution order. (In this case, Plaintiff improperly filed a Rule 60 motion to set aside the judgment, which is outside the scope of this blog.) Continue reading →

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Estes v. Battiston, ___ N.C. App. ___ (2020).

In North Carolina, Alienation of Affections and Criminal Conversation are common law torts called “heart-balm” torts that put civil liability on a third party for causing a breakdown in a marriage. In recent years, attempts by defendants to challenge the tort have relied on numerous constitutional bases. Below, we discuss one avenue attempted by a defendant to bring his constitutional challenges before a court. Continue reading →

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In 2020, the holiday season will be one of the most tumultuous in recent years now that Covid-19 rates are beginning to rise again. For parents with ongoing custody cases or custody orders already in place, it presents an especially trying time. Travel is a large component of every holiday season. But before parents and children travel to see their relatives, they need to spend few minutes reflecting on their current custody arrangements. Violating a court order or recklessly leaving on a holiday trip can hurt your case or bring you in contempt of court. Continue reading →