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,…
North Carolina Divorce Lawyers Blog
Income Changes Alone Don’t Justify Alimony Modification
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…
What Keith v. Keith Teaches Us About Child Custody Decisions
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…
Attorney Fees in North Carolina Custody Cases
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…
Why the N.C. Court of Appeals Vacated a 2023 Custody Order
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…
Celebrating the Holidays as a Single Parent
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…
Court Review of Family Law Arbitration Awards in North Carolina
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…
Celebrating Our Furry Family Members on Dec 11th
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…
Deviation from the Indian Child Welfare Act in Foster Placements
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…
Can Children Have a Say in Custody and Visitation Terms in North Carolina?
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,…