Clute v. Gosney, 2023-NCCOA-______ (2023). Facts: In 1994, a couple got married and had two children. In 2006, they separated due to irreconcilable differences. On April 5, 2006, they entered into a separation agreement to settle their marital and property rights. The agreement included provisions for child support, the right…
All parents of minor children are responsible for financially supporting their children. Parents whose rights have been terminated and parents who are under 18 years old are exceptions to this rule in North Carolina.1 While support may be required by one parent in most custody arrangements, the law does acknowledge…
Child support is an important aspect of providing for the needs of a child after a separation or divorce. It is essential for both parents to contribute to the financial needs of the child, and the state of North Carolina has established guidelines for determining the amount of child support…
Divorce is difficult, and even more so with children involved. It can be especially difficult when the children have unique needs. The stresses of divorce can have an increased impact on these children, and their special needs can have a major impact on custody and child support. As a parent,…
How often have you heard someone claim their grandmother was Native American? What about Italian? More people around the world claim to be Irish than there are people in all of Ireland! The lure of knowing where you come from has led to an explosion in commercial testing services like…
Morris v. Powell, 840 S.E.2d 223, 269 N.C.App. 496 (N.C. App. 2020): North Carolina has very recently decided a case of first impression regarding “de facto emancipation.” Emancipation is typically one of the listed termination events for child support. This is when a child, who has not yet attained the…
Ex-football star Clinton Portis is in hot water for non-payment of child support. Portis was a second-round pick by the Denver Broncos back in 2002, then was traded to Washington. He is also a two-time Pro Bowler whose NFL earnings exceeded $43 million during his career until he retired in…
Argueta v. Baker, 137 A.D.3d 1020, 27 N.Y.S.3d 237 (2016) There are times where parents do not effectively co-parent. There are even times where one parent goes out of their way to interfere in the parent-child relationship with the other parent. There are ways to enforce the controlling custody order,…
Mendez v. Mendez, 2021-NCCOA-680 (2021) Facts: Plaintiff was ordered to pay defendant $2,271 per month in child support pursuant to a child support order filed in 2015. In 2018, Defendant filed a motion to modify child support. Defendant’s monthly gross income was $3,964. She asserted that the children’s needs have…
Lewis v. Lewis, No. COA06-599 Benjamin Lewis (“Ben”) and Gina Lewis (“Gina”) married on January 1, 1994 and had two children. Ben and Gina divorced on August 17, 1998. On June 26, 1998, Ben and Gina executed a separation agreement wherein they agreed to exercise joint custody of the…