Alimony
During the pretrial discovery phase of a divorce and in child custody matters it is not uncommon for the opposing party to request your medical records. Whether an outside party is entitled to see your medical records is a matter that can be litigated, but generally speaking, when the records are relevant to the issues at hand, the opposing party may be justified in obtaining them. Your private health records can not be acquired by…
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Can I Require My Spouse to Maintain Life Insurance To Secure an Alimony or Child Support Obligation?
Under North Carolina law, the obligation of a spouse to pay alimony, or a parent to pay child support, ceases upon the death of the obligor. Maintaining a life insurance policy in effect insuring the life of the supporting spouse or parent can provide a dependent spouse or custodial parent with valuable financial security in the event of the death of the supporting spouse or parent.
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A court order for payment of alimony that is entered by a North Carolina Court may be modified or vacated if a judge finds that a substantial change in circumstances has occurred since the entry of the original order. In general, the circumstances necessary to modify an alimony order must relate to a change in the financial needs of the dependent spouse (the spouse receiving alimony) or in the supporting spouse’s ability to pay.
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In an effort to save money during divorce, many couples turn to self-help legal forms and generic advice found on the Internet rather than hiring a family law attorney. When parties attempt to represent themselves in the divorce process and forgo the benefit of legal counsel, they place themselves at risk of adverse legal and financial consequences that could end up costing them more than if they had hired an attorney. Before you elect to…
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A common refrain that attorneys hear during the divorce process is: “I earned all the money during the marriage, so why should I have to give my ex half of everything I own?” Employment income that is earned during the marriage and before the date of separation is considered marital income, regardless of which spouse earned it. North Carolina equitable distribution laws are based upon the concept that marriage is a partnership in which both…
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