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Civil Contempt Versus Criminal Contempt

HIRSCHLER V. HIRSCHLER, 2021-NCCOA-690 (2021). Plaintiff and Defendant were awarded joint custody of their minor child. Plaintiff had primary physical custody, and Defendant was given extended summer visitation from June 1 to July 10 for each calendar year. Important to note, Plaintiff resided in North Carolina, while Defendant lived in…

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Clinton Portis and Child Support

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…

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Equitable Distribution and Support—Built-in Review

Harris v. Harris, 352 S.E.2d 869, 84 N.C.App. 353 (N.C. App. 1987) In the case above, the plaintiff was ordered to pay to defendant an Equitable Distribution (ED) distributive award in the amount of $23,706.82, but payment of the award was postponed until the parties’ youngest child reached age 18…

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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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When Can the Jury Consider Revenge Porn?

Clark v. Clark and Barrett, 2021-NCCOA-653 (2021) Facts: The Clarks were a married couple in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. Husband finally left the marital home…

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Alienation of Affection: Venue Matters

Clark v. Clark and Barrett, 2021-NCCOA-653 (2021) Facts: A married couple, the Clarks, lived in North Carolina. In 2016, Husband began an affair with Ms. Barrett, in Virginia. That same year while home in North Carolina, Wife discovered text messages between Husband and Barrett. The couple argued and Wife ultimately…

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The No-Contact Order and Harassment

North Carolina’s statutes include a provision, chapter 50B, for an individual who is in a personal relationship to apply for a protective order. The name given is domestic violence protective order, and it is an Order of the court that accomplishes three things; the defendant must avoid certain acts, they…

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National Underdog Day

Friday December 17th is going to be National Underdogs Day. What is an underdog and why is it so fun supporting them? An underdog is the predicted loser in a competition. It stems from Old English, referring to the “beaten dog in a fight.” Presumably, the “fight” is a dog…

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Contempt: When a Verification Is All You Need

Scott v. Scott, 2021-NCCOA-636 (unpublished). In North Carolina, contempt is the avenue to enforce many domestic court orders, including those that were part of a separation agreement, but only if the agreement is later incorporated into a court order/judgment. That is the situation in the case below, where the father…

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Washington State Decides Pets Are Property

https://www.seattletimes.com/seattle-news/a-first-for-state-court-of-appeals-kona-mr-bear-dogs-divorce-visitation-rights/ Our pets and divorce saga continues. Today we have a tale from the state of Washington that continues this trend. A couple that separated in 2018 owned two dogs together: Kona and Mr. Bear. At the time, they co-parented the dogs extensively, texting each other schedules, grooming appointments, trainings,…

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