A North Carolina Court of Appeals decision in the Face v. Face (2024) case addressed many key points in separation court proceedings, including equitable distribution and alimony, as well as procedural issues such as subject-matter jurisdiction and correction of clerical errors in domestic law. As such, Face v. Face is…
Articles Posted in case analysis
How Parental Fitness Can Determine Custody
Nobody gets married thinking they will one day be sitting in a courtroom, arguing over who is better fit to take care of the kids. However, in cases where relationships fail, family courts focus primarily on determining which parent can truly give their children a secure and stable home. The…
North Carolina Court of Appeals Affirms Grandparent Custody
In Harney v. Harney, the North Carolina Court of Appeals addressed a specific child custody dispute involving the child’s mother and grandfather. As you are about to see, the case had two significant points the court clarified for future cases: jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act…
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…
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…
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…
Consequences for Filing Frivolous Family Law Claims
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.…
Distributing Military Annuity Benefits Between Surviving Spouses and Former Spouses
Determining how military benefits should be awarded to spouses and former spouses after the death of a servicemember is complex and based on a variety of factors, including the date and manner of the servicemember’s death and which military benefit is in question. In the case of Bannister v. US,…
Equitable Distribution Can be Far from Equal in North Carolina
Divorcing spouses are not guaranteed to receive an equal distribution of their marital assets and debts. If either spouse requests equitable distribution, the court will divide their property in a way that is determined to be fair, which isn’t always 50/50. Because each equitable division of property is based on…