Family Law
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…
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…
Many couples keep cash savings on hand for an emergency. Cash may be stored in a cookie jar, under the mattress, safe deposit box, or some other place for safekeeping. Any marital monies that the parties have at date of separation are subject to accounting in the distribution of the parties’ marital property. Problems can arise when couples separate and there are disagreements as to how much money was in the proverbial cookie jar and…
With the exception of child custody, family law cases are largely about financial issues – child support, postseparation support, alimony, and identification, classification, evaluation, and distribution of marital and divisible property. Depending on the issues in your case, your attorney may recommend that you retain a qualified accountant to assist with certain aspects of your divorce. Accountants who are certified public accountants, forensic accountants, and business valuators can provide a wide range of financial services…
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 support and alimony awards, and the results can vary greatly from case to case. One factor that may be considered in determining postseparation support and alimony awards is the tax consequences that may result from those awards. Awards of postseparation support and alimony are considered…
