Family Law
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”
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.
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.
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?
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 to assist with certain aspects of your case. The cost of retaining non-lawyer professionals can add to your legal expenses.
