Practice Area Articles
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…
Read This Article >>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…
Read This Article >>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…
Read This Article >>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…
Read This Article >>Breaking up is hard to do. Many couples separate and get back together several times before the final break. As couples struggle with the conflicts of separation, sexual relations may be one way they test the water to decide if they want to salvage the marital relationship. North Carolina law requires that parties be separated for one year before an action can be filed for absolute divorce. Casual or isolated incidents of post separation sex…
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