Can a Stepparent Be Required to Pay Child Support for a Current or Former Stepchild?

By Web Admin | June 14, 2017
Image of a bright child wearing oversized glasses and holding a clipboard denoting support of children.

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 no legal duty to pay child support for the benefit of a stepchild in the event the stepparent’s marriage to the child’s parent ends, either by death or divorce. However, a stepparent who has acted “in loco parentis”

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Grandparents’ Rights to Custody and Visitation in North Carolina

By Web Admin | May 5, 2017
Photograph of a grandfather and preschool granddaughter walking away on a wide path through a path

Under N.C. Gen. Stat. § 50-13.5(j), either parent of a child or an interested party (including a grandparent) may petition the court for a modification of child custody or visitation in any action in which custody previously has been determined. Under this statute, the grandparent must be able to show that a substantial change in circumstances affecting the welfare of the child has occurred since the entry of the prior custody order.

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How Separate Property Can Become Marital Property

By Web Admin | February 9, 2017
Image of a single toothbrush on a white field depicting the idea of separate personal property.

Transmutation is a term used in family law to describe property that has been transformed from a party’s separate property into marital property.In the context of equitable distribution, the term “separate property” refers to property that is owned by one spouse individually.

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What Happens When a Marital Asset Is Titled in the Name of a Business or Third Party?

By Web Admin | February 9, 2017
Image of a toy, possibly a model, of a bright red antique truck filled with colorful tools depicting the idea of property belonging to a family that might be titled by a business or third party

In North Carolina, property that is owned at the date of separation by either spouse, individually or jointly, is presumed to be marital property. But, what happens when a business or third-party holds title to an asset that is claimed to be a marital asset? What if a spouse titles an asset acquired with marital funds in the name of a business or transfers title to a marital asset to a third-party, such as a child or parent, in an attempt to hide or divert the asset from the marital estate to deprive the other spouse of his/her share or interest?

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