North Carolina Divorce Lawyers Blog
In custody and visitation cases, grandparents are considered third parties. North Carolina does not allow third parties to seek custody or visitation unless certain conditions are met. First, filing for visitation requires that the child’s family is not intact, which means there must be an ongoing issue like an open custody case or adoption proceedings. Continue reading →
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Can Consent Orders Control Jurisdiction in North Carolina Custody Cases?
Jurisdiction is the authority of a particular court to hear and rule on a case, and it is a crucial part of any court proceeding. There are multiple types of jurisdiction, such as territorial and subject matter. Territorial jurisdiction refers to a court’s ability to hear cases relating to a certain geographic area. Subject matter jurisdiction determines a court’s authority to hear certain types of cases, like child custody and divorce.
While this may seem straightforward, jurisdiction can easily become a contested issue that can greatly impact the outcome of a case. Continue reading →
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Can a Non-Parent Be Required to Pay Child Support in North Carolina?
There are some situations in which a non-parent may be required to pay child support in North Carolina, but there are strict requirements that must be met. In most cases, non-parents are not obligated to pay child support.
A recent Court of Appeals case dealt with this issue, stating that, in the absence of a parental relationship and a formal, written agreement, a non-parent cannot be made to pay child support. Continue reading →
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What is Imputed Income in North Carolina Child Support Cases?
North Carolina child support is calculated using various elements like the needs of the child and the custody arrangements, but income is one of the most significant factors in child support determinations. In most cases, the income each parent presently and actually earns is used to calculate support obligations.
However, imputed income is sometimes calculated in select cases. Imputing income occurs when the court uses earning potential to calculate support amounts. Most often, courts impute income when one parent is underemployed or underearning and acts in bad faith to avoid paying support. Continue reading →
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How is Marital Property Valued After Being Distributed in North Carolina?
Equitable distribution is available in North Carolina divorces whenever either party requests it. The court will determine the most equitable division of assets and debts, which is not always an equal split. Determining the most equitable distribution of the spouses’ property involves various factors, including: Continue reading →
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Can You Serve a Divorce Summons by Mail in North Carolina?
In civil cases, such as divorces and equitable distribution matters, the defendant must be served with the summons and complaint prior to the date of the hearing. While process servers and the local Sheriff’s department can serve legal documents, you may also be able to serve the opposing party by mail. Continue reading →
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Equitable Distribution and Business Valuation in North Carolina
In a divorce, assets and debts can be divided equally in North Carolina, but if either party requests equitable distribution, then there may also be an unequal division if that’s what the court deems fair. North Carolina courts can use a variety of entities to determine how to divide a couple’s property, including businesses owned by one of the spouses. Continue reading →
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Trust Property and Equitable Distribution in North Carolina
In a recent case involving trust property in an equitable distribution dispute, the North Carolina Court of Appeals vacated and remanded a trial court’s decision not to add a trust as a necessary party to the case. Continue reading →
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The UCCJEA and Temporary Emergency Jurisdiction in North Carolina
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform state law that has been enacted by the majority of states, including North Carolina. The UCCJEA establishes subject matter jurisdiction in child custody cases and indicates which court has the authority to decide on a custody issue. Continue reading →
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When Does North Carolina Have Subject Matter Jurisdiction for Child Support Orders?
Subject matter jurisdiction is the right of a specific court to hear a case and make rulings on the issues. In child custody cases, North Carolina uses the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which says that jurisdiction can be established in the following ways:
- Initial child custody jurisdiction
- Exclusive, continuing jurisdiction
- Jurisdiction to modify determination
- Temporary emergency jurisdiction
Jurisdiction can affect child custody, but support issues are also impacted by jurisdictional decisions. Continue reading →