North Carolina Divorce Lawyers Blog

Articles Tagged with divorce

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A United Kingdom court recently ordered Dubai ruler and UAE Prime Minister, Sheikh Mohammed Bin Rashid Al Maktoum, to pay his ex-wife, Haya bint al-Hussein, a jaw-dropping $734 million in a divorce settlement.  Haya bint al-Hussein in the Princess of Jordan and the couple have two children together.  This settlement in a divorce is one of the largest ever awarded by a court in the United Kingdom. Continue reading →

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Mediation is a fantastic alternative method of settling your case and often more satisfying than going to court.  It is likely that a few issues stand between settlement and more prolonged litigation. This is where mediation can really shine—it lets you laser focus on the few things you really care about. A mediator must be a neutral third party that also happens to be an expert in family law, or a former judge that has decided many family law cases. In all court-ordered mediations, there are rules. In North Carolina, some new rules have been passed and can be found in NCGS § 7A-38.4A. This is a quick reference for how some of those rules will apply to your mediation.

Who can be a mediator for Family Financial Mediation?

The mediator must be certified. A list of certified mediators is published and updated at the NC Courts website. To be certified, the mediator must have an understanding of family law in North Carolina. There is also a laundry list of qualifications, classes, and educational requirements. These requirements can be found in Rule 8 of the Rules for Settlement Procedures in District Court Family Financial Cases. To be blunt, your mediator is highly qualified in the area of family law. Continue reading →

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Defendant Mother appeals from the trial court’s order on child support and custody.  The Court of Appeals reverses and remands.

Plaintiff Father and Defendant Mother married on January 1, 1994.  The parties had two sons and separated on May 10, 1997.  The parties’ divorce judgment was filed on August 17, 1998, which incorporated their separation agreement.  The separation agreement provided a custodial schedule that directed the parties’ two sons to reside primarily with Defendant Mother and to spend every other weekend and summer vacation with Plaintiff Father.  The agreement further provided that Plaintiff Father would pay half of the children’s uninsured medical and dental expenses and $200.00 each month as additional child support. Continue reading →

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HIRSCHLER V. HIRSCHLER, 2021-NCCOA-690 (2021).

Plaintiff and Defendant were awarded joint custody of their minor child. Plaintiff had primary physical custody, and Defendant was given extended summer visitation from June 1 to July 10 for each calendar year. Important to note, Plaintiff resided in North Carolina, while Defendant lived in Florida. Both parties agreed to deviate from the normal schedule so that Defendant would have the child from May 29 through July 8. Continue reading →

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Ex-football star Clinton Portis is in hot water for non-payment of child support. Portis was a second-round pick by the Denver Broncos back in 2002, then was traded to Washington.  He is also a two-time Pro Bowler whose NFL earnings exceeded $43 million during his career until he retired in 2012.  Despite this, Portis filed for bankruptcy in 2015, claiming mismanagement of funds by his financial advisors. Continue reading →

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Harris v. Harris, 352 S.E.2d 869, 84 N.C.App. 353 (N.C. App. 1987)

In the case above, the plaintiff was ordered to pay to defendant an Equitable Distribution (ED) distributive award in the amount of $23,706.82, but payment of the award was postponed until the parties’ youngest child reached age 18 or graduated from high school. The Court of Appeals reversed because, at the time, such a postponement would have extended the distributive award to seven years after the termination of the marriage. This was significant, as the court is not to order a distributive award that would be paid “over such an extended time period that the payment thereof will be treated by the Internal Revenue Service as ordinary income.” Here, the courts look to IRS regulations to prevent taxes on the transfer of property incident to divorce, and IRS rules say gains or losses that result from transfers are not treated as ordinary income if they relate to the cessation of the marriage. However, if a transfer occurs more than six years after the termination of the marriage, one presumes it is not related to the cessation of the marriage. 26 CFR § 1.1041-1T.  That would be rebuttable but involves more work. Continue reading →

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Mendez v. Mendez, 2021-NCCOA-680 (2021)

  • Facts: Plaintiff was ordered to pay defendant $2,271 per month in child support pursuant to a child support order filed in 2015. In 2018, Defendant filed a motion to modify child support. Defendant’s monthly gross income was $3,964. She asserted that the children’s needs have increased with their age, including involvement in new extracurricular activities such as music, fencing, and acting classes. For the initial 2015 order, Plaintiff made much more income. He was a department of defense contractor, owned a business, and VA disability benefits. In 2019, Plaintiff’s VA benefits were increased due to his diagnosis with prostate cancer. In 2018, Plaintiff was admitted to law school and would be attending when his cancer treatments ended. The trial court reduced Plaintiff’s child support obligation due to his decreased income. Defendant appeals.

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Clark v. Clark and Barrett, 2021-NCCOA-653 (2021)

  • Facts: The Clarks were a married couple in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. Husband finally left the marital home after Wife threatened to call Barrett and ask about the affair. Husband’s intimate relationship with Barrett went as far as conceiving a child with Barrett via in vitro fertilization. Things became contentious. In March of 2018, Wife began to interact with Husband on a social network named Kik, wherein Husband was using an alias. Husband, using the alias, sent a message to Wife containing a topless photo of Wife, and saying that this photo was being circulated in internet chat rooms. In May, Wife discovered the same photo on a Facebook “weight loss” advertisement, but with the nipples censored. Wife sued Husband for violating the revenge porn statute, NCGS 14-190.5A. Husband was found to have violated the statute. He appealed.

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We’ve all experienced trying times during the pandemic. From school and business closures throwing a wrench in our daily plans to mask-wearing as the new normal, the pandemic has brought about many disputes and concerns, especially among divorced parents who share custody of their children. One Washington State father, Richard John Burke, is paying the price of his actions related to the pandemic after pleading guilty to three counts of first-degree custodial interference in late August.

Burke shares three sons aged 6, 7, and 10 with his ex-wife. On March 24, Burke was supposed to return his three sons to their mother pursuant to a court-ordered parenting plan.  Instead he communicated to his ex-wife that he would be keeping his three sons for an additional four days.  Then, on March 28, Burke failed again to return the children to their mother. On March 29, the children’s school called the mother to let her know Burke had contacted them to state the children would no longer be attending school and to unenroll them immediately.

Burke pushed conspiracy theories about masks and the COVID-19 vaccine. He believed that the children’s school’s masking policy was “an absolute crime,” and also stated that one of his sons “will never be vaccinated again.” Upon deciding that he needed to take extraordinary measures to “protect his boys,” Burke fled with the three children. A judge authorized a $500,000 warrant for Burke’s arrest, and he was eventually taken into custody in Santa Rosa, New Mexico.

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Clark v. Clark and Barrett, 2021-NCCOA-653 (2021)

  • Facts: A married couple, the Clarks, lived in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. The couple argued and Wife ultimately had to be hospitalized due to the stress. More texts and explicit photographs were discovered on Husband’s phone a few months later. The photos were clearly taken in the Clark home. In September 2016, Husband finally left the marital home after Wife threatened to call Barrett and ask about the affair. In January 2017, Husband and Wife acquired some land in which to build a house. A few months later the couple executed a separation agreement. Husband and Wife at one point in 2017 reconciled and resumed an intimate relationship. However, during this time, Husband was still carrying on an intimate relationship with Barrett. That relationship went as far as conceiving a child with Barrett via in vitro fertilization. Wife filed an Alienation of Affection lawsuit against Barrett. Barrett was held liable, and she appealed.

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