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During Black History Month, we pay tribute to African Americans who broke down barriers and contributed to the creation of laws that currently safeguard families. Brilliant Black judges and attorneys paved the way for a fair and equal courtroom, increasing justice in areas such as equal access to the courts, voting rights, child custody, and protection from domestic abuse. Continue reading →

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In this post, we will discuss Icenhour v. Icenhour and how the North Carolina Court of Appeals confirmed a critical principle for all North Carolina alimony modification cases.

We will explain why a change in income alone might not be sufficient to justify modifying the existing alimony amount, and that the party requesting the change bears the strict evidentiary burden to support their position if they want the court to rule in their favor.

Icenhour v. Icenhour – Case Background and Procedural History

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Family law cases are not decided in theory. They are decided based on real people, real finances, and real evidence. The North Carolina Court of Appeals case Keith v. Keith, 911 S.E.2d 371 (N.C. Ct. App. 2024) is a strong example of how courts evaluate child support when one parent controls their income and how important detailed court findings truly are. Continue reading →

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We all know divorce can be expensive. And with kids involved, the legal costs can add up even more rapidly because of custody and child support disputes. A recent North Carolina case, Stewart v. Brickman, helps explain when a court might order one parent to help pay for the other parent’s legal bills. Continue reading →

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In this post, we will discuss the implications of the Aguilar v. Mayen case and why the North Carolina Court of Appeals has vacated a custody order. If you are a family lawyer, judge, or a parent in North Carolina, you’ll find this case important, especially from the perspective of how custody orders need to be written to stand. Continue reading →

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The holidays are an exciting time to get together with family and celebrate being together, but for a single parent it can be full of challenges. Whether you have a great co-parenting relationship or a tumultuous one, you can still make the holidays a time of happiness and cheer. Here are a few ways you can thrive this holiday season and make treasured memories that will last a lifetime. Continue reading →

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In Gallagher-Masonis v. Masonis, 911 S.E.2d 125 (N.C. Ct. App. 2024), the North Carolina Court of Appeals addressed an important question in family law: When can a court review and modify a binding arbitration award involving property division, alimony, and child support? This decision highlights how the North Carolina Family Law Arbitration Act (NCFLAA) interacts with parties’ written agreements and clarifies the extent of judicial oversight in family law arbitration. Continue reading →

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The holidays are a season of giving. We shop for our children, cook up incredible feasts to share with loved ones, decorate our homes to spread joy, and often make end-of-year contributions to our favorite charities. But in the hustle and bustle that comes with December, it’s easy to overlook some of the most vulnerable members of our North Carolina community: the animals in our local shelters. Continue reading →

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The Indian Child Welfare Act (ICWA) was enacted to protect the best interests of Native American children and promote the stability of Native families and tribes. It requires that courts make efforts to keep families intact and prioritize putting children in out-of-home placements that are within the child’s family or community. Further, the child’s tribal nation and family have a right to participate in decisions regarding foster placements. Continue reading →

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There are numerous factors courts must consider when making custody and visitation determinations, but the preeminent factor is the best interest of the child. In some cases, courts may weigh the child’s preference as part of their overall considerations, but this is handled on a case-by-case basis. The child’s age, maturity, and ability to understand the implications of such a decision may impact a court’s willingness to consider the child’s preferences. Continue reading →