FAMILY LAW ARTICLES

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Missing Assets in Divorce

An issue that arises with some frequency in divorce cases involves allegations that a spouse has hidden or disposed of marital assets. Often, these are assets, such as jewelry, cash,...
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Costs

Just as it is impossible to predict exactly how long your case will take, it is difficult to realistically estimate the total cost of your litigation, even when your attorney...
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Can My Spouse and I Use the Same Divorce Attorney?

When spouses separate, there may be many legal issues that arise in connection with their marital separation, including child custody, child support, spousal support, and equitable distribution of marital property...

Consequences to Consider for Failure to Pay Child Support

If you are experiencing financial hardship and having difficulty complying with a court order requiring you to pay child support, you might want to think twice before you become delinquent...

Mediator’s Role in Family Law Mediations

Going through any family law dispute is an emotionally charged process that is often best resolved through the process of mediation. Mediation is an effective tool that offers an alternative...
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Can I Make the Other Parent Pay for Private School Tuition As Part of a Child Support Obligation?

The North Carolina Child Support Guidelines provide a formula for determining the presumptive child support obligation for parties’ whose combined adjusted gross income is $300,000 per year or less. The...
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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...
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Can a Stepparent Be Required to Pay Child Support for a Current or Former Stepchild?

Under North Carolina law, the legal parents (either biological or adoptive) of a child are deemed to be primarily responsible for the child’s financial support. As such, a stepparent has...
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Why You May Need an Expert Witness or Other Professional to Assist in Your Divorce or Child Custody Case

Depending on the nature and complexity of the issues in dispute in your divorce or child custody matter, your attorney may recommend that you engage the services of non-lawyer professionals...
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Truth or Consequences: The Impact of Lying in Your Domestic Case

There are many reasons why people lie – tell an intentional untruth – during domestic cases. When the stakes are high, such as when someone is faced with losing custody...

Can I Withhold Visitation If the Other Parent Doesn’t Pay Child Support?

The unequivocal answer is “no.” Under North Carolina law, child support and visitation are separate matters and a parent's failure to pay child support is not a legal justification to...

Emergency Child Custody Orders

Under current North Carolina law, a judge may issue an emergency custody order changing the living arrangements of a child or awarding one party temporary custody if there is sufficient...