Child support enforcement in North Carolina often raises questions about wage withholding and when it is required, and whether the courts can allow alternative payment methods instead. As you will see in Price v. New Hanover County Child Support o/b/o Murray-Price, the North Carolina Court of Appeals has addressed these…
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…
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…
When spouses in North Carolina divorce, retirement funds and pension benefits are among the many assets that may be divided between the parties. If you were awarded a portion of your ex-spouse’s pension benefits, the question of when you can receive your payments often has a complicated answer. Often a…