Family Law
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 in your obligation and accumulate child support arrearages. Failure to pay court-ordered child support can have serious and long-term legal, financial, and personal consequences. A person to whom child support is owed is deemed a creditor of the child support “obligor” (the person obligated to…
Read This Article >>In North Carolina, interests in retirement accounts or benefits that are earned during the marriage are considered marital property that is subject to division between the parties upon divorce. There are many different types of retirement plans and accounts. In order to divide certain types of retirement plans between spouses incident to divorce, federal law requires that a special court order be entered directing how the retirement plan administrator or trustee is to assign the…
Read This Article >>A valid written separation agreement is a contract. How a separation agreement is enforced depends on whether or not it has been merged into a court order. If a separation agreement is merged into an order or judgment of the court, then the effect is that the court has accepted and adopted the separation agreement as part of its order and, upon proper application made to the court, the court may enforce the agreement by…
Read This Article >>Decades ago when men were traditionally the breadwinners of the American family and women were typically stay-at-home moms, permanent alimony was not an unusual financial result in divorces. The days of permanent or indefinite alimony awards are not over, but they are less common than they were in the past. In general, alimony awards today are more likely to be for a specified duration with an emphasis on a period of time that allows a…
Read This Article >>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 deny or suspend visitation. Likewise, a parent who is being denied visitation with their child is not entitled to discontinue paying child support. If you are the parent receiving child support, it may be tempting to want to punish the non-supporting parent by withholding their…
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