In the Matter of R.D.B., A Minor Child (No. COA19-1019) Many children in Guilford County have guardians appointed by the court for a variety of reasons. A child who no longer has any living biological parents is a common example of when a court will appoint an adult to…
In Reece v. Holt, the North Carolina Court of Appeals, in an unpublished opinion, reviewed N.C.G.S. Chapter 50 for child custody and subject matter jurisdiction. Plaintiff Father claimed that an ex parte order established a “presumption” supporting a claim for domestic violence under N.C.G.S. § 50B. This article will focus…
The recent rollouts of the COVID-19 vaccines have revealed differences of opinion as to who will and who will not take the vaccine. When you are separated or divorced, who decides for the children? North Carolina General Statutes 130A-156 and 130A-157 permit parents to exempt their children from vaccinations for…
Koufman v. Koufman, 330 N.C. 93, 408 S.E.2d 729 (NC 1991) Child support orders are modifiable in North Carolina when there is a substantial change in circumstances. But what happens when your child moves to a school away from home, such as a boarding school or preparatory academy? These…
Ubertaccio v. Ubertaccio, 588 S.E.2d 905 (N.C. App. 2003) (Levinson, J. concurring) In North Carolina, Equitable Distribution (ED) is one of the common mechanisms by which former spouses divide their personal and real property. Stock options and salary substitutions acquired by a party are typically subject to ED. However,…
When does your obligation to pay court-ordered child support payments stop? Like most issues in the legal field, it depends. North Carolina General Statute § 50-13.4(c)(1-3) states that payments ordered for child support shall terminate when the child turns 18 except when (1) the child is emancipated, at which time…
Mims v. Parker, 839 S.E.2d 433 (N.C. App. 2020) In North Carolina, dog owners can be liable for injuries caused by their dogs. We all love our friendly four-legged companions, but a dog is still an animal that can cause devastating injuries if it reacts poorly to a situation. We…
Suppose you are separated or divorced, or you have recently retired or been placed on disability, and are the parent of a minor child. If you receive dependent benefits through Social Security or the Veterans Administration, your child support obligation may be reduced or eliminated, provided you are not behind…
Horner v. Horner, No. COA19-632 (unpublished) An alimony claim in North Carolina requires one spouse to be a dependent spouse and the other spouse to be a supporting spouse. A dependent spouse, as defined by statute, is a spouse who is “actually substantially dependent upon the other spouse for…
Gyger v. Clement, ___ N.C. ___ (August 2020) (31PA19) In North Carolina, foreign orders for child support can be registered in this state, allowing our courts to enforce the orders. It is extremely helpful to register a foreign order in the state if the party you are seeking relief from…