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Articles Posted in child support lawyer

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Frustration of Visitation and Child Support

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,…

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Was Income Reduction in Bad Faith?

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…

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Child Custody and Child Support Modification

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…

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Child Support Under Article IV

Warren DSS v. Gerrelts, No.COA20-868 (June 2021). This is an oddity of a case. Civil procedure has an interesting quirk called choice of law. It is an intensely fact-driven area of law that is still being actively researched and written about. Just the mere mention of the Erie Doctrine is…

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Tax Refunds, Credits, and Child Support

The American Rescue Plan Act of 2021 (hereinafter “Plan”), also called the COVID-19 Stimulus Package, was passed by Congress and officially signed into law by President Joe Biden on March 11, 2021.  The Plan seeks to aid the economy in recovering from the effects of the COVID-19 pandemic. One significant…

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