Modification of child support may be an option if there has been a material change in circumstances. Parents often use a change in income to justify a recalculation of child support, but this is not always a relevant reason. Groseclose v. Groseclose Father in Groseclose v. Groseclose had previously been…
Spouses in North Carolina who are contemplating divorce may consider entering into a separation agreement, and this is a beneficial option for many husbands and wives. What happens if one spouse violates the terms of the agreement? Separation agreements that are not incorporated into a court order are typically subject…
Court orders cannot typically require nonparties to act. When a court issues an order, the requirements of the order involve only the plaintiff and defendant or the petitioner and respondent. People who are not named in the case cannot generally be ordered to do anything. If the court determines that…
North Carolina residents who have lived in the state for at least six months can file for divorce. While separation and divorce are rarely easy, recent moves can make the process even more complicated. Nlend v. Nlend In the case of Nlend v. Nlend, a husband and wife had concurrent…
Parents in North Carolina can request that the court modify a custody order, but changing custody and visitation arrangements will only be possible in certain situations. North Carolina Law State law establishes that either party to a custody order is allowed to file a motion to modify or vacate the…
North Carolina statute allows anyone who claims to have a right to custody of a child to initiate a custody proceeding. Grandparents have a broad privilege to file a custody action, but how likely are they to be successful? A Parent’s Constitutional Rights and Parental Unfitness Grandparents who seek custody…
Child custody orders are court-issued documents that require parents to adhere to a set of provisions regarding custody and visitation. For many parents, understanding the legal terminology included in these orders can be challenging, especially when the provisions are vague or open to more than one interpretation. Ideally, court orders…
When a North Carolina court enters a child custody order, each parent is required to follow the terms of the order. Most parents understand that violating the basic custody and visitation requirements could get them into trouble. For example, there may be serious consequences if one parent refuses to return…
Meeker v. Meeker, 2024-NCCOA-______ (2024). Facts: Husband and Wife married in 1982 and had two children. They separated in 2009 and finalized their divorce in May 2011. During their separation, they entered into a separation agreement, stating that Husband would pay Wife $7,577.78 per month in spousal support until 2025,…
Salvadore v. Salvadore, 2021-NCCOA-680 (2021 unpublished) Facts: Wife and Husband married in 1989. During their marriage, Husband would frequently change his job. Husband had a peculiar habit every time he changed jobs that required relocation to another state. He would stay in hotels and campgrounds in the new state while…