FAMILY LAW ARTICLES
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Gifts during Marriage – When a Gift Is Not a Gift
Separate property is considered property (either an asset or debt) that belongs to one spouse individually. Separate property is not subject to equitable distribution and its value is not included...
Will My Child Support Be Reduced If My Income Decreases?
Courts have an inherent duty to protect the interests of minor children. Therefore, child support may always be modified by a court having jurisdiction to ensure that child support is...
When Child Support Ends for One Child, How Is Child Support Determined for the Remaining Child or Children?
When a parent is paying court ordered child support to the other parent for two or more children, and the obligation to pay child support for one of the children...
Should I get a prenuptial agreement?
A prenuptial agreement, also referred to as a premarital agreement or ante-nuptial agreement, is a contract entered into between two parties contemplating marriage. The agreement becomes effective upon their marriage....
What Is Considered “Marital Property?”
In North Carolina, the court ordered or agreed-upon division of assets and debts that occurs when spouses separate is called equitable distribution. All assets and debts that the parties accumulate...
Practical Matters
Litigation often spawns more litigation. To determine whether certain issues are worth litigating, you must weigh the price you will pay with your time, emotions, and money, against the anticipated...
Is Debt Incurred in the Name of One Spouse Considered Marital Debt?
Under North Carolina law, “marital” debt is considered debt that is incurred after the date of marriage and before the date of separation by one or both spouses for the...
Know Your Rights before Your Divorce Is Final
There are an abundance of websites and forms online that are designed to enable people to obtain a divorce without the assistance of an attorney. Even if you intend to...
Modification of Child Custody
An action for modification of child custody is when one party files an appropriate action with the court seeking to have the living arrangements of the child (or children) changed...
Tax Implications of Receiving (and Paying) Postseparation Support and Alimony
In North Carolina, there are no mathematical formulas for determining awards of postseparation support and alimony. The trial courts have broad discretion in determining the amount and duration of postseparation...
