WALTER V. WALTER 2021-NCCOA-428
The language contained in a consent order should be unambiguous and clearly state what each party is required to do under the order. When the reading of the order leads to multiple reasonable interpretations, it may become impossible to enforce through contempt. Below is a custody consent order that had one such line of ambiguous language: Continue reading →
Orren v. Orren, 800 S.E.2d 472, 253 N.C.App. 480 (N.C. App. 2017)
We have previously written about what cohabitation means in the alimony and postseparation support context. Essentially, according to North Carolina law, it is an appropriate termination point for alimony and postseparation support. But in some cases, a party that could potentially bring a claim for spousal support may have already begun to cohabitate. Can the potential supporting party claim cohabitation as a defense? Continue reading →
Wall v. Wall, 536 S.E.2d 647, 140 N.C. App. 303 (N.C. App. 2000)
There are various legal mechanisms by which former spouses separate their personal and real property. One mechanism is Equitable Distribution (ED). Practically speaking, however, no division of property should be accomplished without first obtaining an Order/Judgment from the court. This is especially true for more valuable and unique assets like real property. So what happens if you have your hearing, but don’t get an Order in a timely manner? Continue reading →
Divorces among the stars continue to spark gossip throughout Hollywood, but recent developments in Kelly Clarkson’s divorce from Brandon Blackstock are turning heads. The couple divorce papers were filed in June of 2020, after seven years of marriage. Blackstock served as Clarkson’s talent manager during the marriage. Recent reports note that he is opting for a post-divorce life out of the limelight by becoming a full-time rancher on the former couple’s ranch in Montana. Continue reading →
Madar v. Madar, No.COA20-28 (Dec. 2020).
In North Carolina, court ordered child support can only be modified by further order of the court. Before modification is allowed, the court must find that there has been a substantial change in circumstances that warrant the modification. There is an automatic presumption built into the guidelines that allows modification after three years since the initial order, and a difference between old support payment and new payment of 15%. You can still move to modify before waiting the three years, but the court must make the finding for changed circumstances. Income is inherently intertwined with child support, and below is a case that basically explains the need to make a connection between a parent’s income and the child. Continue reading →
It is no secret that millennials often get a bad rap. As one of the largest generations in history, their influence in the world is far-reaching. Growing up in rapidly changing times has meant that millennials have redefined many aspects of life, with priorities and expectations drastically different from previous generations. As a result, millennials have successfully put their spin on prenuptial agreements and are looking at this important pre-marital contract through a different lens. Continue reading →
Texts and emails relevant to your case can and should be exhibits. Often times, they prove or disprove that certain conversations were had. In the family law context, they often show certain things like discussion of finances, custody, verbal abuse, or even the overall character of a spouse. But there are barriers to cross before the texts can be admitted as evidence. Continue reading →
In North Carolina, a stipulation, in the legal context, is an agreement between the parties in a lawsuit. It is most commonly used by parties to extend deadlines for responding to discovery or to agree on a factual finding that is uncontested. It can be done to minimize costs in litigation, because there is no need to spend time proving something that is agreed upon. Good practice dictates that stipulations are written and signed by the parties and/or attorneys and then presented to the court. Continue reading →
2020 Formal Ethics Opinion 5
In recent years, there has been a marked increase in the number of attempts to defraud attorneys of their clients’ funds in trust accounts. Now con artists are stealing from clients directly by using “inside information.” These scams are constantly evolving and are becoming much more sophisticated, as many processes that attorneys use are now digital. This includes sensitive data about an attorney and their office that may be used as part of a scam. Continue reading →
We have written in the past about Social Security Benefits, specifically Survivor’s Benefits, and how they play a role in adoption of the minor receiving those benefits. What the author did not realize is that, in the case where the child is in foster care, many state welfare agencies seemingly apply for, receive, and take those benefits from the children, without any notice. Continue reading →
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