North Carolina Divorce Lawyers Blog

Articles Tagged with Child support

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Bishop v. Bishop, ____ N.C. App. _____ (Dec. 2020)

 

Child support in North Carolina is typically determined by a formula set out by the legislature and applied in child support guidelines and their worksheets. However, it was known for some income levels that the formula no longer becomes equitable. Too low or too high of income both throw a wrench into the calculus. For higher income families, the court may forgo the use of the guidelines and make findings on the reasonable needs of the child when compared to a parent’s ability to pay; meaning it should account for their assets, debts, and lifestyle. Continue reading →

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When does your obligation to pay court-ordered child support payments stop? Like most issues in the legal field, it depends.

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Suppose you are separated or divorced, or you have recently retired or been placed on disability, and are the parent of a minor child. If you receive dependent benefits through Social Security or the Veterans Administration, your child support obligation may be reduced or eliminated, provided you are not behind or delinquent on your current court-ordered payments. Continue reading →

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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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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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So you’ve moved to Guilford County from Florida and up until your move you and your ex-spouse have been operating under a child custody order that was entered by a judge in a district court in Florida.  Now what? North Carolina General Statutes § 50A-305 provides guidelines for registration of child custody determinations in North Carolina. This procedure is optional but may be of benefit to you and your situation. By registering a child custody order in this state, a parent can send a child to another state without concern that the state will not enforce the order if the parent in this state refuses to return the child.  Continue reading →

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Toussaint v. King, COA19-851 (2020) (unpublished).

In North Carolina, a court has the ability to incarcerate a party for not following a court order. This procedure is called civil contempt. In order to send a party to jail for noncompliance, the court first must find specific facts. For one case of civil contempt for failure to make child support payments, the court did incarcerate the father. Continue reading →

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We all know Cam Newton, the football quarterback who used to play for the Carolina Panthers but recently signed on with the New England Patriots.  Back in 2011, the football legend was drafted as the first overall pick by the Carolina Panthers.  He played countless games right here in our home state at Bank of America Stadium. He broke countless NFL records for passing and rushing yards by a rookie quarterback in his rookie year.  More recently, Newton has made the news for a reason other than football.  Newton is currently involved in a child support battle with his ex, Kia Proctor. Continue reading →

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You’ve decided to seek a divorce and perhaps to seek child support for your children, or you’re looking at equitable distribution of your marital assets. You’ve researched, met with, and retained your attorney. Now the attorney or a member of the attorney’s staff is calling or sending emails asking questions and seeking what seems like an endless list of documents. You hired this attorney to represent you; why are they putting so much work on you and asking for all this information? Continue reading →

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Devine v. Devine, (No. COA19-913) (unpublished)

Here in Greensboro, business owners are not immune to unhappy marriages. Divorces can be long and complicated messes, especially when the fortunes of the family rest upon the fortunes of the business. Child support and alimony are based partly on the income and expenses of the parties going through divorce. In the case below, we discuss how one court, which presumably lacked business experience, incorrectly calculated a party’s income. Continue reading →