Our previous blog (linked here) gave the background on Sahana v. Fiscus, and discussed what constitutes income in a child support case. We conclude this blog with additional arguments from the mother and what this case could mean for your child support matter. Continue reading →
Many parents assume that child support flows one way: from the parent who sees the children less to the one who has them most often. Continue reading →
Many assume that money is only considered “income” if it comes directly via a paycheck. Other sources – be it a loan from a family member, money from selling a piece of property – surely don’t count when a court settles child support. Right? Continue reading →
We will discuss the Mecklenburg County, o/b/o Herron v. Pressley case, and how the North Carolina Court of Appeals reversed a trial court order and modified the father’s child support obligation. Continue reading →
Child support enforcement in North Carolina often raises questions about wage withholding and when it is required, and whether the courts can allow alternative payment methods instead. As you will see in Price v. New Hanover County Child Support o/b/o Murray-Price, the North Carolina Court of Appeals has addressed these common questions directly. Continue reading →
Family law cases are not decided in theory. They are decided based on real people, real finances, and real evidence. The North Carolina Court of Appeals case Keith v. Keith, 911 S.E.2d 371 (N.C. Ct. App. 2024) is a strong example of how courts evaluate child support when one parent controls their income and how important detailed court findings truly are. Continue reading →
Qualified Domestic Relations Orders (QDROs) are used to divide certain retirement plans and award a portion of the funds to an alternate payee. QDROs are typically used as part of the distribution of assets and property in a divorce, and the alternate payee is typically a spouse or former spouse. However, there are other scenarios in which a QDRO may be used to give someone rights to a retirement plan as an alternate payee. Continue reading →
Regular employment income is not the only type of income that can be used to determine child support obligations in North Carolina. The state’s child support guidelines allow a variety of financial sources to be considered as income for support purposes, including salaries, wages, commissions, dividends, pensions, trusts, unemployment benefits, gifts, prizes, and self-employment income. Continue reading →
Separation agreements in North Carolina are intended to lay out agreed-upon terms for spouses going through a divorce, and they are sometimes seen as a placeholder until a final decree of divorce can be entered. While it is possible to incorporate a separation agreement into a final decree in North Carolina, it is not required, and some agreements are not incorporated. What happens if one spouse or ex-spouse violates the terms of a separation agreement that was not incorporated into the divorce decree? Continue reading →
Calculating the amount that a child’s primary caregiver is to receive in child support payments can be complicated. Beyond just comparing the two spouse’s incomes, courts often weigh factors like work expenses, childcare expenses, health insurance premiums, transportation costs, and other expenses. Knowing which of your daily costs will count towards this calculation is crucial to assure you are in the best position in these proceedings.
But can these calculations include expenses like private school tuition and business expenses? Continue reading →
North Carolina Divorce Lawyers Blog