In a recent unpublished opinion of a North Carolina child support decision, a court considered a child support order involving a mother who was voluntarily unemployed. The father had appealed from the lower court’s child support order claiming that the lower court had made a mistake in concluding as a matter of law that only the defendant father owed the obligation to give support to the couple’s minor children and by failing to impute income to the mother who was voluntarily unemployed. Continue reading →
North Carolina Wife Ordered to Pay Alimony to Husband
Often people assume that if alimony is awarded, a husband will have to pay it to his ex-wife. However, based on consideration of certain statutory factors, alimony can also be awarded to an ex-husband and a wife may be required to pay it. In a recent North Carolina alimony appellate decision, a wife appealed from the court’s award of alimony to her husband. The couple had met online. The husband lived in India but moved to the U.S. to be with the wife. They married in India, but separated while living in the States. During the marriage, the wife allegedly subjected the husband to emotional and mental abuse. Continue reading →
Are 529 Savings Plans Legally Considered a Gift to Children in North Carolina?
A 529 Savings Plan allows parents to put aside money for their kids’ college expenses under tax-favorable conditions. How should trial courts classify the money in a 529 Savings Plan that is created and funded during marriage when a couple is getting a divorce? Continue reading →
North Carolina Mother Required to Attend Program After Alienating Children from Father
In a recent appellate court decision that discusses an aspect of North Carolina custody law, a mother appealed from an order that granted her and the father joint custody of teenage children pending the start of a reunification program. The program was supposed to fix the kids’ relationship to their father, which the court determined was damaged by the mother’s alienating conduct. Continue reading →
It’s My Birthday, and I’m How Old?
by Tina Ray, Legal AssistantGrowing up in a tiny town near Greensboro, N.C., I can remember being a kid and playing in the yard, getting skinned knees and bee stings. That’s what we did “back then.” I remember picking up pecans and climbing trees and riding my bike. We had a rotary dial telephone. What is that you ask? It’s a telephone that had a dial with holes in that had a handset attached to it with a curly cord, and the entire thing was attached to another cord that made it work! We did not have air conditioning until I was about 12 years old. Window fans were placed in our windows to draw the hot air out of the house, and indoor box fans blew hot air around inside the house. We had a gravel driveway, and I sometimes had to help fill in holes in the driveway with a rake or a shovel so we wouldn’t blow a car tire driving in and out of it. Listen to this; we did not have a weedeater!!! I can, believe it or not, remember using handheld clippers and having to go around the outside of the house and flower beds and trim the weeds BY HAND!! Continue reading →
Placing Children in The Middle
by Carolyn Woodruff, AttorneyThe custodial parent must not decrease the status of the other parent in the child’s eyes. That is fundamental.
Also fundamental: Do not place the child in the middle of the parent’s dispute. Continue reading →
Parental Alienation
by Carolyn Woodruff, attorneyWhat is the best way to get your visitation suspended? Alienate your child or attempt to alienate your child from the other parent. Continue reading →
From Friday Night Lights to Monday Morning Custody Battles
by Leesa M. Poag, AttorneyWe are officially in the midst of the best season of the year. No, I’m not referring to the pumpkin-filled days of Fall. I’m talking about football season. But as we don our team colors and cheer on our favorite players, the on-field battles aren’t the only ones that family law attorneys are seeing this time of year. As concerns about the long-term effects of head injuries from football continue to mount, we are beginning to see football leaving the locker room and heading to the courtroom. Continue reading →
Children, Court, and Practicing Mindfulness
By: Jennifer A. Crissman, AttorneyAs an attorney practicing in family law in the Piedmont, and a mother of two young children, my world can feel very hectic. It is easy to give in to the stressors of the moment, to be overwhelmed and to feel like you do not have control. Whether caring for my children, listening to others discuss their parenting struggles or helping clients prepare for court, a useful activity I have found to manage this stress is practicing mindfulness. Continue reading →
Are Millennials Saving Marriage?
by Leesa Poag, AttorneyAs autumn begins to creep across the Triad, it seems that the temperature isn’t the only thing dropping. According to a study done by the University of Maryland, the number of divorces in the United States is also on the decline. And the reason being attributed for the impressive drop, eighteen percent over the past ten years, might surprise you. Continue reading →