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…
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…
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…
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…
Wasting a court’s time and resources can lead to hefty fines and other penalties for parties who file bad faith complaints. Attorney fees are often awarded in cases where the court determines the plaintiff or other moving party filed their claim in bad faith. In the case of Beatty v.…
Courts must have jurisdiction to hear a case. Jurisdiction can be established in numerous ways, including by subject matter or geography. If a party to a case wants to appeal a ruling, the court of appeals must ensure they have appellate jurisdiction, which is the authority to review a lower…
All court cases must follow certain rules and processes that dictate how they progress through the system and reach a resolution. Divorce cases must adhere to civil procedure, which includes strict rules regarding elements like pleadings, discovery, hearings, and evidence. Failure to meet any of the requirements of civil procedure…
By Cheri’ Reaves, NCCP After a deep conversation with a close friend, I felt the need to share something urgent. We were talking about children, technology, and how early they’re being introduced to smartphones, tablets, and social media. This isn’t just about screen time—it’s about real dangers lurking behind those…
Among the most complex issues involved in divorce cases is the distribution of retirement benefits through the entry of Qualified Domestic Relations Orders (QDROs). Retirement plans that are governed by the Employee Retirement Income Security Act (ERISA) must be divided by QDROs, and alternate payees of such plans can be…
In North Carolina, a habitual felon is someone who has been convicted of or pled guilty to three felonies. These defendants may be indicted as habitual felons if they have been designated as such and have been charged with another felony. North Carolina law also states that a defendant may…