North Carolina Divorce Lawyers Blog

Articles Tagged with family law attorney

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The month of May is Mental Health Awareness Month.  Each year, the National Alliance on Mental Illness (“NAMI”) joins the national movement to raise awareness about mental health.  For the year 2021, the message “You Are Not Alone” is the amplifying theme for the month.  This theme is relevant now more than ever, given that the resounding impacts of COVID-19 have left many people feeling isolated and alone during these challenging times.  Mental illness affects every aspect of a person’s life, especially if that person is facing divorce and/or a child custody battle.  Although it can be difficult to talk about, sharing your struggles with others to get the help you need will be highly beneficial for your family law case. Continue reading →

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Utah recently enacted a new statute that denies hunting and fishing licenses to those who are delinquent on child support payments. They have recently began notifying some of those people that they may be denied licenses based on their delinquency. According to their state child support enforcement records, roughly 19,000 are currently behind on payments, and of those 19,000, roughly 9,500 are hunters or fishermen that have applied for licenses in the past. The interesting correlation between hunting/fishing and child support aside, Utah’s new statute is not groundbreaking in any way. In fact, North Carolina has had a similar statute for years. Continue reading →

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In Equitable Distribution, we often ask clients about the debts that they accrued during the marriage and the value on the date of separation. This is because the judge is required to classify, value, and distribute marital property. But it may not always include debts incurred during marriage. The debts acquired by a spouse can be classified as marital, separate, or divisible, but only by showing that the debt has certain elements, required by law, can a debt be classified as marital. Continue reading →

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Vonhall v. Vonhall, (No. COA20-466) (unpublished)

In equitable distribution, clients often ask whether gifts to one spouse during the marriage is going to be subject to division. Below, we see a simple case example of how the law treats these gifts and the evidence that supports the legal conclusion: Continue reading →

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In July and August of 2020, the Cleveland Clinic’s MENtion It program surveyed 1,180 men, ages 18 and older, on how COVID has affected men’s mental and physical health. The study focuses on the effect of COVID on the current health of men and how men are coping with the changes. Continue reading →

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Fecteau v. Spierer, COA20-532 (2020).

Child custody orders are modifiable under North Carolina law. In order to modify, the party seeking a modification must show a substantial change in circumstances, from those found in previous order, that warrants modification. It may seem obvious that big changes in the custodial parent’s life meet that standard. But in the case below, we discuss how improvements in the noncustodial parent’s life can warrant a modification in his favor, which can grant him more time with his kids and more decision-making abilities. Continue reading →

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Fecteau v. Spierer, COA20-532 (2020).

Child custody orders are modifiable. In order modify, the party seeking a modification must show a substantial change in circumstances, from those found in the previous order, that warrants modification. In some cases, primary physical custody is awarded to a nonparent. Most often, this nonparent is a relative, such as a grandparent. Below, we discuss a case where a parent was granted primary physical custody from the grandparents, and we address the legal standard for how to get there. Continue reading →

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What happens when a wife gives birth during a marriage, but the husband is not the biological father per DNA? Paternity in North Carolina is a legal issue—there are rights and responsibilities that come with being a legal father. As a primer, the common terminology in this area of law is as follows: Continue reading →

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Angel v. Sandoval, COA20-236 (unpublished 2020).

If your ex, or you, lost a job and income and considered modifying child support to a lower amount in response, it may not always mean that the modification will be granted. Here in North Carolina, it depends on the circumstances surrounding the job and income loss. If it was intentional, with bad faith, then the court may impute income based on the parent’s earning capacity rather than actual current income. However, the analysis is nuanced and can be difficult to show. Below is one such case where there simply was not enough evidence to impute. Continue reading →